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Decisions
Schwabe and Radio New Zealand Ltd - 2010-174
2010-174

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – 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] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

Decisions
Langford and Television New Zealand Ltd - 2001-101
2001-101

ComplaintTV2 Big Comedy Gala – offensive language – "fuck, shit, motherfucker" – religious skit – denigrated Christians FindingsStandard G2 – stand-up comedy – AO time – preceded by a warning – offensive language used infrequently – not inappropriate in context – no uphold Standard G13 – did not amount to denigration – no uphold This headnote does not form part of the decision. Summary The programme TV2 Big Comedy Gala, featuring stand-up comedians in a night club setting, was broadcast on TV2 at 10. 05pm on 19 May 2001. A M Langford complained to Television New Zealand Ltd, the broadcaster, that some of the language was very offensive, and one skit ridiculed the Christian faith. In reply, TVNZ acknowledged that the broadcast might not have been to everyone’s taste....

Decisions
Towers and The Radio Network Ltd - 2011-036
2011-036

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....

Decisions
Kavanagh and MediaWorks Radio Ltd - 2019-001 (2 April 2019)
2019-001

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....

Decisions
Singh and Television New Zealand Ltd - ID2019-050 (30 September 2019)
ID2019-050

The Authority received a complaint about a promo for a scheduled programme Seven Sharp which was viewed on TVNZ’s Facebook page. The Authority declined to determine the complaint under s11(b) of the Broadcasting Act 1989. The Authority acknowledged that it raised complex issues of jurisdiction arising from the online environment, which had not yet been determined by the Authority. Taking into account its assessment of the substance of the complaint, which it considered was unlikely to result in a finding of a breach of standards, the Authority declined to determine the complaint. Declined to determine: Violence, Law and Order, Discrimination and Denigration...

Decisions
Stein and Discovery NZ Ltd - 2020-096 (9 February 2021)
2020-096

The Authority did not uphold a complaint about a reference to ‘the heebies’ in a Newshub item canvassing reactions to Judith Collins’ appointment as leader of the National Party. The reporter asked then National MP Paula Bennett on camera, ‘Will this give Jacinda Ardern the heebies, do you reckon? ’ The complainant argued the term could be interpreted as offensive slang for Jew. The Authority considered most viewers would have understood the term as common slang used to express a feeling of nervousness or anxiety, rather than embedding derogatory connotations about Jewish people as a section of the community. Given the ambiguity around the term’s origins, it found its use in the context was unlikely to encourage discrimination or denigration, or threaten community standards of taste and decency. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Hyslop & McElroy and Television New Zealand Ltd - 2018-073 (14 November 2018)
2018-073

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about two episodes from the second season of British dating game show, Naked Attraction, broadcast on TVNZ 2 at 9. 30pm on Friday 27 July 2018 and Friday 3 August 2018. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. The complaints alleged these episodes of Naked Attraction contained a high level of full-frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme was degrading and breached the privacy of the participants....

Decisions
Seafood New Zealand Ltd and Radio New Zealand Ltd - 2018-054 (19 September 2018)
2018-054

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

Decisions
Busse and Milner Busse and Television New Zealand Ltd - 2012-038
2012-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Pike River Inquiry and new evidence that manager at the mine sent emails about a new job minutes after the explosion – reporter quoted a miner’s mother who had called out, “This is while my boy was dying! Jesus Christ!...

Decisions
Richmond and RadioWorks Ltd - 2013-023
2013-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Decisions
Hawthorne and MediaWorks Radio Ltd - 2014-096
2014-096

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’....

Decisions
Ihaia & IM and MediaWorks Radio Ltd - 2015-074 (10 March 2016)
2015-074

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Decisions
Wray and Mediaworks TV Ltd - 2017-014 (15 May 2017)
2017-014

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the conviction and sentencing of a New Zealand woman, A, for the murder of her 20-year-old severely autistic and intellectually disabled daughter, B. The Authority did not uphold a complaint that the item ‘sympathised with the murderer over the victim’ and ‘morally absolved [A]’. The broadcast was a factual news item which reported on the outcome of criminal proceedings involving A, and largely reflected the Judge’s statements at sentencing. It was focused on the circumstances of A’s particular case and did not contain a discussion of the wider issues of violence against disabled people or family violence, and therefore did not require balancing perspectives on these issues....

Decisions
Lee and MediaWorks Radio Ltd - 2017-030 (24 July 2017)
2017-030

Summary[This summary does not form part of the decision. ] During a segment on Jay-Jay, Dom & Randell, the show’s hosts asked callers to submit a ‘corny joke’. A caller submitted the following joke: ‘What’s the hardest part about cooking a vegetable? Trying to fit the wheelchair in the pot. ’ Before the caller delivered the punchline, one of the hosts (who believed he knew the joke), asked his co-hosts to switch off their microphones so they could discuss it. The hosts also spoke to their producer, asking whether it was appropriate to air the punchline to the joke. After some deliberation, they decided to allow the joke to be broadcast. The hosts reacted to the punchline by saying, ‘No! No! That’s a terrible joke! ’ and ‘That’s not a joke! ’ The Authority did not uphold a complaint that the segment was in poor taste and discriminatory....

Decisions
Jack and MediaWorks TV Ltd - 2017-084 (15 December 2017)
2017-084

Summary[This summary does not form part of the decision. ]During a segment on The Project, the hosts discussed a new artificial intelligence technology capable of detecting a person’s sexual orientation through analysis of their facial features. In response, presenter Jesse Mulligan commented, ‘That’s an amazing story, a computer can tell if you’re gay or not. I hope the computer can keep a secret. ’ The Authority did not uphold a complaint that this comment ‘perpetuated the prejudiced view that homosexuality [was] something to be kept secret and… shameful’. The Authority found that, while Mr Mulligan’s comment could be seen as ‘clumsy’ or tactless, it was clearly intended to be humorous and it did not actively encourage the different treatment, or devalue the reputation of, gay people as a section of the community....

Decisions
Banks and Television New Zealand Ltd - 2011-062
2011-062

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Politically Incorrect Guide to Teenagers – host commented that teenagers were “mental”, “mad”, “not right in the head” – showed sketch of “Mad Uncle Jack” who had been released from psychiatric facility – allegedly in breach of standards relating to good taste and decency and discrimination and denigration FindingsStandard 1 (good taste and decency) – content subject to complaint intended to be humorous and educational rather than offensive – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments were host’s personal opinion with regard to teenage behaviour – he was not making a comment on people with mental illness as a section of the community – comments did not contain invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision....

Decisions
Kehoe and Television New Zealand Ltd - 2021-084 (22 September 2021)
2021-084

The Authority has not upheld a complaint alleging a segment on Police Ten 7 breached the discrimination and denigration standard. A man called a woman who had called the police a ‘nosey motherf***ing white c***’. The Authority found in the context of the long-running series, and the particular programme, this comment did not reach the threshold for a finding that it encouraged discrimination or denigration in breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Paton and 95bFM - 1996-068
1996-068

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-068 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HELEN PATON of Auckland Broadcaster 95 bFM (AUCKLAND) J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Christian Heritage Party and TV3 Network Services Ltd - 1994-077
1994-077

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 77/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Decisions
Millward and Television New Zealand Ltd - 2021-163 (2 March 2022)
2021-163

An item on 1 News reported on the National Party leadership battle between Simon Bridges MP and Christopher Luxon MP. In describing both contenders, the reporter referred to Bridges as an ‘absolute political mongrel’. The complainant stated this reference breached various standards including the good taste and decency, and fairness standards as it was inappropriate to describe the Minister as a mongrel. The Authority did not uphold the complaint, finding the term had a separate, complimentary, meaning which was clearly intended in this context. The discrimination and denigration, balance, and accuracy standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

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