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The Authority has not upheld four complaints about a segment on The AM Show, which featured host Duncan Garner criticising parents who do not vaccinate their children, using terms such as ‘murderers’ and ‘bloody idiots’, and stating they should be ‘stripped of their right to spread their message and their viruses’. The Authority found that, taking into account audience expectations of Mr Garner and The AM Show, alongside other contextual factors, Mr Garner’s comments did not breach broadcasting standards. With regard to the balance standard, the Authority found that, while the anti-vaccination movement was a controversial issue of public importance, Mr Garner’s comments did not amount to a ‘discussion’ for the purposes of the standard, but reflected his own personal views on the issue....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 21/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by Ms P Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaint under section 8(1)(b) of the Broadcasting Act 1989 The Rock – stunt in which announcers let off fireworks to test “Jimmy’s ability to dodge fireworks” – allegedly in breach of law and order and social responsibility standardsFindings Principle 2 (law and order) – subsumed under Principle 7Principle 7 (social responsibility) – stunt was socially irresponsible – did not consider effects on child listeners – hosts’ manner trivialised the potential danger of aiming fireworks at another person – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast[1] In a segment called “Do Stuff to Jimmy” on The Rock, broadcast at approximately 8. 15am on 20 October 2006, the announcers commented on the recent call to ban fireworks for public sale....

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE IRVINE of Auckland Broadcaster 95 bFM Auckland University J M Potter Chairperson L M Loates W J Fraser R McLeod...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

SummaryAbortion was a topic touched on during the talkback programme Banksie on Sunday, broadcast on Radio Pacific between 10:00am – 2:00pm on Sunday 14 April 1996. The host (Hon John Banks MP) described doctors who perform abortions as baby murderers, and claimed that the aborted foetuses were put into the hospital waste disposal systems or in "Kleensaks". Mr Sawyers complained to Radio Pacific Ltd that the "highly emotive" remarks were inaccurate, unbalanced, and unfair to the doctors who carried out abortions. Explaining that the host had been expressing his own strong opinion, that other hosts had different opinions, and that callers were able to present a diversity of views on the subject, Radio Pacific denied that the standards had been contravened. Dissatisfied with Radio Pacific's decision, Mr Sawyers referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

The Authority has not upheld a complaint about a broadcast on the criticism faced by London Police following their actions in stopping a vigil for murdered woman Sarah Everard, as participants were not abiding by the COVID-19 restrictions in place at the time. The Authority found the item was not unfair to the London Police Chief or the London Police. It did not actively encourage non-compliance or seriously undermine law and order. The balance standard was not applicable as the item did not amount to a ‘discussion’. Not Upheld: Fairness, Law and Order, Balance...

The Authority did not uphold a complaint that comments made by Paul Henry during Rebuilding Paradise with Paul Henry undermined the Director-General of Health’s directions regarding compliance with COVID-19 Alert-Level conditions. Mr Henry noted there were no new cases of COVID-19 on the day of broadcast and commented, ‘I don’t want Dr Ashley Bloomfield to threaten me and you with the “if New Zealanders aren’t good at Level 3, they won’t get to Level 2” warning. I realise people think he walks on water, but I don’t. …Obedience in the population is the job of the police and, god help us, the reluctant [Police] Commissioner’. Noting the importance of the right to freedom of expression and that Mr Henry was clearly giving his views on a topic of high public interest, the Authority found no actual or potential harm that justified regulatory intervention....

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

Summary [This summary does not form part of the decision. ]A participant on 'The Panel' during Afternoons with Jim Mora made comments about men wolf whistling at women, such as 'bring back the wolf whistle', 'a whistle is not harassment', 'a lot of women are the ones that haven't been whistled at, that have got a problem with it' and 'we are the peacocks, you guys are the ones that look at us'. The Authority did not uphold a complaint that the broadcast condoned and encouraged sexual harassment of women, as the panellist's comments were clearly her own opinion and did not reach the level of offensiveness required to find a breach of the relevant standards....

Summary [This summary does not form part of the decision. ] An item on Story showed presenter Heather du Plessis-Allan purportedly exposing a loophole in New Zealand’s gun laws by falsifying a mail-order form and obtaining a firearm from a gun dealer without verifying that she held a gun licence. The Authority did not uphold a complaint alleging that the broadcast encouraged viewers to break the law. The item carried public interest, it was clearly meant to discourage flouting of gun laws rather than encourage illegal activity and the Police Association commended Story for exposing the issue. Not Upheld: Law and Order   Introduction [1] An item on Story showed presenter Heather du Plessis-Allan allegedly exposing a loophole in New Zealand’s gun laws. She falsified a mail-order form and obtained a firearm from a gun dealer without verifying that she held a gun licence....

The Authority did not uphold a complaint about questions asked of a New Zealander stranded in India following the Government’s suspension of travel. The complaint alleged the questions breached the law and order standard as they suggested numerous ways the interviewee could avoid the travel ban and illegally return home. The Authority found the questions did not actively encourage illegal activity nor actively undermine law and order, and there was a high public interest in the broadcast.   Not Upheld: Law and Order...

The Authority did not uphold a complaint regarding a comment made by radio panellist Catherine Robertson about ‘murderous fantasies’, concerning punishment of an individual who escaped COVID-19 managed isolation. It was a satirical comment intended to be humorous and in line with audience expectations for the programme. The Authority noted satire and humour are important aspects of freedom of expression. It found limiting the broadcaster’s right to freedom of expression on this occasion was not justified. Not Upheld: Violence, Law and Order, Balance...

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-109 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DEPARTMENT OF INTERNAL AFFAIRS TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Summary[This summary does not form part of the decision. ]The Rock Morning Rumble included a stunt featuring the Prime Minister, in which he was invited to enter a cage installed in the studio and ‘pick up the soap’. Upon the Prime Minister doing so, the host quoted a recognised rape scene from the film Deliverance, saying, ‘You’ve got a pretty little mouth Prime Minister’. The Authority upheld a complaint that the stunt amounted to a deliberate reference to prison rape that had the effect of trivialising sexual violence and specifically prison rape. While the segment was allegedly intended to be humorous, which is an important aspect of the exercise of free speech, the stunt overstepped the boundaries of legitimate humour and was offensive....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...