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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A and Marae Investigates – items discussed domestic violence – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, responsible programming, and children’s interestsFindingsStandard 4 (controversial issues) – items discussed controversial issue of public importance – items clearly framed as focusing on men’s violence against women – did not discuss gender of perpetrators and victims of domestic violence so not required to present alternative viewpoints on that issue – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheld Standard 7 (discrimination and denigration) – no implication that men are the only perpetrators of domestic violence – item did not encourage discrimination against, or the denigration of, men as a section of the community – not upheld This headnote does not form part of the decision....
The Authority has not upheld a complaint about comments made by Jack Tame during his morning show including the statement ‘Māori don’t just deserve special treatment, but are contractually guaranteed a form of special treatment under the Treaty’. The Authority found, in context, the comment amounted to analysis to which the accuracy standard does not apply. The comment was not the focus of the discussion, and an opinion-based segment such as this is not required to provide alternate perspectives under the balance standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...
The Authority did not uphold a complaint about an item on Morning Report discussing data showing Wellington to have the highest assault and sexual assault rates. Discussing the causes for this, the interviewer posed the question: ‘Do we have a problem with masculinity here? ’ and a discussion followed regarding the potential contribution of ‘toxic masculinity’ to Wellington’s crime rate. The Authority found the term did not carry the derogatory connotations suggested and the item did not contain the high level of condemnation or malice towards men required to contravene the standard. Not Upheld: Discrimination and Denigration...
Summary[This summary does not form part of the decision. ]A segment on The Country featured the host interviewing The Right Honourable Jacinda Ardern not long after she began her term as Prime Minister. Towards the beginning of the interview the host asked the Prime Minister, ‘Do you wake up and say to yourself, “Holy shit! I’m Prime Minister! ” and have to pinch yourself? ’ The Authority did not uphold a complaint that the host’s comment breached community norms of good taste and decency and was discriminatory. Taking into account relevant contextual factors including low level of offensive language used, the light-hearted tone, and audience expectations, the broadcast did not threaten community norms of good taste and decency, or justify restricting freedom of expression....
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....
Summary [This summary does not form part of the decision. ]Seven Sharp screened footage of an incident involving celebrity singer Beyoncé’s sister physically attacking Beyoncé’s husband in a lift. The Authority did not uphold the complaint that the item made light of the serious issue of violence or denigrated men. Not Upheld: Law and Order, Discrimination and Denigration, Violence. Introduction[1] Seven Sharp screened footage of an incident involving Beyoncé’s sister physically attacking Beyoncé’s husband in a lift, that had attracted the attention of media worldwide. It was broadcast at 7pm on TV ONE on 13 May 2014. [2] Wayne Burrows complained that the hosts ‘made light of this serious issue laughing and joking about the violence’. He said that by laughing the presenters glamorised the violent behaviour, and because the violence was by a woman against a man, the laughter denigrated men....
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...
The Authority has declined to determine two complaints under multiple standards relating to segments of a 1News broadcast that concerned a pro-Palestinian protest in Auckland and developments in the Israel-Hamas conflict, and aid funding for Ukraine. The Authority found the complainant had not raised arguments relevant to the standards raised, had raised matters of personal preference, the relevant issues had been satisfactorily addressed in the broadcaster’s decisions on his complaints, and/or related to issues that have previously been dealt with and did not warrant further determination. Declined to Determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances the complaints should not be determined): Offensive and Disturbing Content, Promotion Of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Fairness...
ComplaintCoca Cola Chart Show – music videos – All The Things She Said – Beautiful – scenes of same-sex kissing removed – unfair – discriminatory FindingsStandard 6, Guideline 6g – no discrimination – threshold not reached – no upholdThis headnote does not form part of the decision. Summary [1] Music videos All The Things She Said and Beautiful were broadcast on TV2’s Coca Cola Chart Show from 10. 00am. The first video screened on 2, 16, 23 and 30 March and 6 April 2003. The second video was shown on 23 and 30 March and 6 April 2003. [2] Jordan Carter on behalf of New Zealand Young Labour, Karena Brown, Andrew Rowse and Tony Milne all complained to Television New Zealand Ltd, the broadcaster, that the edits made to the music videos to remove scenes involving same-sex kissing were discriminatory....
ComplaintThe Edge – interview – impersonation of Jeremy Yates – cyclist banned for bad language – interview apparently with Jeremy Yates used offensive language which was beeped out – unfair – misleading – encourages discrimination and denigrationFindingsPrinciple 5 – not obviously a spoof – wrong brother the target for the prank – upholdPrinciple 7 guideline 7a – no group denigrated – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Cyclist Jeremy Yates was banned from participating in events by Cycling NZ for using bad language and displaying bad behaviour. An interview, apparently with Jeremy Yates, was broadcast during the breakfast show on The Edge on 11 April 2002. During the interview, the interviewee frequently used offensive language, which was "beeped out", and expressed displeasure that the broadcaster was not supporting him in his dispute with Cycling NZ....
ComplaintLite FM – Name Game Competition – excluded unusual names – unfair – sexist – racist FindingsPrinciple 7 Guideline 7a – competition neither sexist nor racist – no uphold Principle 5 – not applicable – no uphold This headnote does not form part of the decision. Summary [1] As part of the Name Game station promotion run by Lite FM in Christchurch, names were announced on-air over a period of six weeks. When their name was read out, listeners were asked to call the station and enter a draw for $20,000. [2] Te Marunui Toki complained to The RadioWorks Ltd, the broadcaster of Lite FM, that the competition was sexist, as it excluded people of one gender when names of the other gender were called out, and racist, as Polynesian names were not announced. He also complained that it was unfair as unusual names were not included....
ComplaintZMFM – game – "Know Your Dairy" – denigrated foreigners – upheld by broadcaster under Principle 7 – action taken insufficient FindingsAction taken insufficient – unsatisfactory complaints procedure – warning Principle 8 – tape retention inadequate OrderBroadcast of statement This headnote does not form part of the decision. Summary A game called "Know Your Dairy" was broadcast on 91ZM on 9 April 2001. The game invited contestants to call dairy owners to ask a basic question about New Zealand. The telephone calls were then broadcast. S E Burridge complained to The Radio Network Ltd, the broadcaster, that the game was racist and xenophobic. TRN advised that the game was no longer a part of 91ZM broadcasts, and apologised to the complainant for offending her. Dissatisfied with the action taken by TRN, Miss Burridge referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....
Download a PDF of Decision No. 1993-063:Milnes and Television New Zealand Ltd - 1993-063 PDF445. 85 KB...
Download a PDF of Decision No. 1992-044:Jackson and Television New Zealand Ltd - 1992-044 PDF209. 06 KB...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-072 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HAY of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC S R Maling Chairperson L M Loates R McLeod J Withers...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 142/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK ENGLERT of Waikanae Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...
Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....
Summary [This summary does not form part of the decision. ]The host of Vote 2014 which covered the results of the 2014 general election, used the terms 'jeez', 'gee' and apparently 'Jesus' as exclamations. The Authority did not uphold the complaint that the use of these terms was offensive and inappropriate. The Authority has consistently recognised that the colloquial use of variations of 'Jesus' as an exclamation to express irritation, dismay or surprise is increasingly common and widely accepted. The use of the words in this context, during live coverage of an important political event, did not threaten standards. Not Upheld: Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During Vote 2014, comprising five hours of live coverage of the results of the 2014 general election, one of the hosts used the terms 'jeez' and 'gee' and apparently 'Jesus'....
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....