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The Tobacco Institute of New Zealand Ltd and Television New Zealand Ltd - 2000-036
2000-036

Summary A documentary about cigarette smoking in New Zealand called "Up in Smoke" was broadcast on Assignment on TV One, between 8. 30pm and 9. 30pm on 23 September 1999. The Tobacco Institute of New Zealand Limited ("Tobacco Institute") complained to Television New Zealand Ltd, the broadcaster, that the programme was inaccurate, unfair and unbalanced in numerous ways. The Tobacco Institute also complained that the programme portrayed tobacco company executives and Maori women in a way which was likely to encourage discrimination against them. TVNZ responded that the programme was not unbalanced or unfair to the tobacco industry. In its view, the programme surveyed a broad range of relevant views about smoking, and included a tobacco industry perspective. TVNZ also disagreed that it had breached broadcasting standards relating to discrimination. TVNZ declined to uphold any aspect of the complaint....

Decisions
Bird and Television New Zealand Ltd - 2012-111
2012-111

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

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
Three Complainants and MediaWorks TV Ltd - 2017-100 (18 April 2018)
2017-100

Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....

Decisions
Federated Farmers New Zealand and Television New Zealand Ltd - 2011-165
2011-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about dispute between two local councils in Manawatu region – stated that “Horizons Regional Council is taking Palmerston City Council to Court because it says the city is polluting the Manawatu River with sewage” – out-of-focus image of cattle grazing was displayed during the introduction to the item – allegedly in breach of accuracy and discrimination and denigration standards FindingsStandard 5 (accuracy) – image of cattle was blurry and difficult to discern – was used as visual wallpaper for introduction to item relating to pollution in rivers – image was not related to the item, but the item made it clear the focus was on pollution from sewage so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – farmers are not a section of the community to which the standard applies – not upheld This…...

Decisions
Bridgman, Crombie, Little and Bonner and TV3 Network Services Ltd - 2000-026, 2000-027
2000-026–027

SummaryWWF Raw and WWF Summerslam were broadcast consecutively on TV4 on 11 September 1999, from 8. 30pm to12. 00am. These programmes featured professional wrestling bouts which had been staged in front of live audiences. Mr Bridgman, Ms Crombie, Mr Little and Mr Bonner complained to TV3 Network Services Ltd, the broadcaster, that aspects of the behaviour shown in the programmes breached programme standards relating to good taste and decency, discrimination against women, and the effect of programmes on children and violence. TV3 explained that the "fights" in the programmes were choreographed, not real. It described the WWF shows as "neither sport nor drama but a kind of pageant" which it compared to a magic show. TV3 rejected every aspect of the complaints. Dissatisfied with TV3’s response, the complainants referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Campbell and The RadioWorks Ltd - 2000-076
2000-076

ComplaintRadio Pacific talkback – (1) racist remarks – offensive language; (2) denigrated Maori FindingsNo tape provided – unable to determine complaint on merits Principle 8 – relevantOrderCosts of $250 to the complainant This headnote does not form part of the decision. Summary Talkback host John Banks was reported to have made critical references to the contribution by Maori to the millennium celebrations in New Zealand in a programme broadcast on Radio Pacific on 17 January 2000 between 8. 15–8. 50am. Hohepa Campbell complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the host’s comments were offensive and anti-Maori and incited racial disharmony. As he did not receive a response from The RadioWorks within the statutory time frame, he referred the matter to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
New Zealand Jewish Council and Radio Pacific Ltd - 1993-066
1993-066

Download a PDF of Decision No. 1993-066: The New Zealand Jewish Council and Radio Pacific Ltd - 1993-066 PDF (515. 53 KB)...

Decisions
Russell and TVWorks Ltd - 2011-094
2011-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Inside New Zealand: High Time? – documentary discussed whether cannabis should be legalised in New Zealand – person said “holy fuckin’ Jesus” – allegedly in breach of good taste and decency, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – combination of “Jesus” and swear words more offensive to some people – however was not unexpected in context of documentary about cannabis preceded by clear warning for language – not upheld Standard 7 (discrimination and denigration) – phrase was an expression of awe rather than a comment on Christian people – programme did not encourage denigration of or discrimination against Christians as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the documentary series Inside New Zealand, entitled “High Time?...

Decisions
Rickard and Radio New Zealand Ltd - 2009-084
2009-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with Larry Baldock about the citizens-initiated referendum on smacking – host asked the interviewee a question nine times challenging him to give an answer – host interrupted interviewee on several occasions – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – host played the role of devil’s advocate – significant points of view presented – not upheld Standard 5 (accuracy) – item did not mislead – not upheld Standard 6 (fairness) – interviewee was robustly challenged and given an adequate opportunity to express his views – not upheld Standard 7 (discrimination and denigration) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
D'Errico and Television New Zealand Ltd - 1996-118
1996-118

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-118 Dated the 19th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J D�ERRICO of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Simpson and The Radio Network Ltd - 2012-064
2012-064

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talkback– during a discussion about gay marriage, the host described the complainant, a caller, as “incredibly rude” – host read out complainant’s fax and repeated the word “homophobic” but spelled out “faggot” – allegedly in breach of fairness and discrimination and denigration standardsFindingsStandard 6 (fairness) – complainant not treated unfairly – not upheld Standard 7 (discrimination and denigration) – host’s use of the word “homophobic” and spelling out of “faggot” did not encourage the denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During Overnight Talkback, broadcast on Newstalk ZB on 6 June 2012, the host and callers discussed the issue of gay marriage. The host spoke to a caller, “David from Queenstown”, whom he described as “incredibly rude”, before terminating the call....

Decisions
Freeman and Purchase and RadioWorks Ltd - 2011-034
2011-034

Complaints under section 8(1C) of the Broadcasting Act 1989Talkback with Michael Laws – host compared the All Whites to disabled athletes and their win of supreme Halberg trophy to awarding disabled sports award – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – talkback radio a robust environment – host’s comments amounted to opinion – discussed legitimate issue – did not encourage discrimination against or denigration of disabled athletes or people with disabilities – not upheld This headnote does not form part of the decision....

Decisions
Phease and Mitchell and TV3 Network Services Ltd - 1997-140–143
1997-140–143

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...

Decisions
Boyce and Radio New Zealand Ltd - 1999-161
1999-161

Summary A representative of a beneficiaries’ organisation was interviewed on National Radio’s Nine to Noon on 21 July 1999 beginning at 9. 06am. The interview arose in the context of controversy surrounding the operation of Work and Income New Zealand. Mr Boyce complained to RNZ, the broadcaster, that the beneficiary representative was not treated fairly because he was not named in the introduction to the item. He contended that the interviewee was discriminated against because of his status as a beneficiary. RNZ provided a brief response in which it asserted that the interviewee had been dealt with fairly, and that it had acted in a socially responsible manner. It declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Boyce referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to determine the complaint....

Decisions
Sharman and New Zealand Media and Entertainment - 2016-026 (27 June 2016)
2016-026

Summary[This summary does not form part of the decision. ]Several weeks before Waitangi Day, during Mike’s Minute on Newstalk ZB, host Mike Hosking made comments critical of Ngāpuhi leader Kingi Taurua and his stance on the Trans-Pacific Partnership. Mr Hosking also suggested that the Prime Minister should ‘flag Waitangi’ because it is an ‘annual ritual of abuse and anger and ignorance’. The Authority did not uphold a complaint alleging that the item encouraged discrimination against Māori and Ngāpuhi and was unbalanced. While the Authority recognised that Mr Hosking’s comments could be considered by some to be insensitive, they were clearly his opinion and protected under the right to freedom of expression. The comments were not framed as reflecting on Māori generally and did not reach the high threshold necessary to encourage discrimination or denigration....

Decisions
Parlane and Radio New Zealand Ltd - 2019-075 (4 February 2020)
2019-075

The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Field and Television New Zealand Ltd - 2014-025
2014-025

Summary [This summary does not form part of the decision. ]At the end of a One News weather segment, the weather presenter made reference to ‘bejewelled, corpulent, affluent tourists with big fat wallets’ in relation to a photo of a cruise ship. The Authority did not uphold the complaint that the comment was inaccurate and in poor taste. While derogatory, it did not reach the threshold for threatening current norms of good taste and decency. The comment was an off-the-cuff remark delivered in a light-hearted tone, without invective, and was obviously intended to be humorous. Not Upheld: Good Taste and Decency, Accuracy, Discrimination and DenigrationIntroduction[1] At the end of a One News weather segment, the weather presenter showed an image of a cruise ship anchored in Hawkes Bay, saying: …they’re not disgorging logs; they’re disgorging bejewelled, corpulent, affluent tourists with big fat wallets....

Decisions
McGeechan and CanWest Radioworks Ltd - 2006-048
2006-048

Complaint under section 8(1)(a) of the Broadcasting Act 1989Solid Gold FM breakfast show – host told joke about an Indian person who is greeted at the gates of heaven by an angel who shouts “Jesus, your taxi’s here” – complainant felt joke dehumanised Indian people and was racist – allegedly in breach of social responsibility standardFindingsPrinciple 7 and guideline 7a – joke did not encourage discrimination against or denigration of Indian people – not upheldThis headnote does not form part of the decision Broadcast [1] On the morning of 27 March 2006, the host of the Solid Gold FM breakfast show made the following joke after saying “I think it’s funny, I hope it doesn’t offend you”: [2] An Indian goes up to heaven, and the angel at the gates says “Yes, what do you want? ”, and the Indian says “I’m here for Jesus!...

Decisions
Kirkland and Television New Zealand Ltd - 1999-013
1999-013

Summary An episode of Dharma and Greg was broadcast on TV2 on 14 October 1998 between 7. 30-8. 00pm. A male character described two women as "deaf Cockney humpbacks". Mr Kirkland complained to Television New Zealand Ltd that the portrayal of deaf people in the programme was discriminatory and paternalistic, and perpetuated a stereotypical view about deaf people being stupid. He sought an apology from the broadcaster. TVNZ pointed out that this was a comedy programme in which the two characters regularly assumed character roles. In this case one decided to be a humpback who was hard of hearing while the other adopted a Cockney accent. A male character said to them "Hello deaf Cockney humpbacks". TVNZ said it found nothing in this exchange which suggested that deaf people were intellectually limited, nor anything that would encourage discrimination against deaf people....

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