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Dunlop and Radio New Zealand Ltd - 1996-143
1996-143

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-143 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Leitch and Television New Zealand Ltd - 2011-118
2011-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Decisions
Cook and Radio New Zealand Ltd - 2013-014
2013-014

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…...

Decisions
Lawler and Radio New Zealand Ltd - 2013-068
2013-068

Summary [This summary does not form part of the decision. ]A presenter on Radio New Zealand Concert introduced a piece of music, saying the composer was ‘considered to be a degenerate in Germany because of his Jewish origins’. The Authority did not uphold the complaint that the announcer’s comment was in bad taste and denigrated Jewish people. The comment was simply a factual statement giving context to the composer’s work, and was a reference to how he was viewed by the Nazis, not an expression of the presenter’s personal opinion. Not Upheld: Good Taste and Decency, Discrimination and DenigrationIntroduction[1] On the morning of 6 September 2013, the presenter of Radio New Zealand Concert introduced a piece of music, as follows: …and now we’ve a fantasy by a composer considered to be a degenerate in Germany because of his Jewish origins....

Decisions
Parlane and Radio New Zealand Ltd - 2017-023 (16 June 2017)
2017-023

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

Decisions
Mclean and Television New Zealand Ltd - 2018-046 (10 August 2018)
2018-046

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, one of the characters, Harper, used the exclamation ‘Oh, Jesus…’ to express her shock and disgust at a flood of sewage in her new home. A promo for this episode, broadcast during the weather report on 1 News, also included Harper using this expression. The Authority received a complaint that this language was blasphemous and offensive, and in the case of the promo, inappropriate for broadcast during 1 News at 6pm when children might be watching. The Authority acknowledged that the complainant, and others in the community, might find this type of language offensive. However, the Authority has consistently found that these type of expressions are commonly used as exclamations in our society....

Decisions
Kirke and Discovery NZ Ltd - 2021-020 (29 June 2021)
2021-020

The Authority has not upheld a complaint about a remark ‘there will probably be some racists tuning in’ in reference to the English greeting following ‘kia ora koutou katoa’ during a comedy skit shown on The AM Show. The complainant alleged this was ‘racist’ and the broadcaster should apologise to ‘all English-speaking people’. The Authority found ‘English-speaking people’ are not a section of society to whom the standard applies. In any event, the comment was not directed specifically at English speakers, it was satirical and it would not have met the threshold required for a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Avery and NZME Radio Ltd - 2018-076 (16 January 2019)
2018-076

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

Decisions
O'Connor and Television New Zealand Ltd - 2014-139
2014-139

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....

Decisions
Insley & Soryl and Television New Zealand Ltd - 2015-028
2015-028

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Decisions
Van Son and SKY Network Television Ltd - 2006-075
2006-075

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Crowd Goes Wild – included review of Soccer World Cup game between Portugal and the Netherlands – one presenter used phrase “Filthy Dutchman” four or five times – allegedly denigratory and in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – subsumed under Standard 6 – denigration of Dutch was essence of complaint – not upheld Standard 6 and Guideline 6g (denigration) – high threshold for denigration not met – not upheld. This headnote does not form part of the decision. Broadcast [1] The Crowd Goes Wild, broadcast on weekdays by Prime at 7. 00pm, is hosted by two presenters who take a light-hearted approach to recent sporting events....

Decisions
Easton and Radio New Zealand Ltd - 2009-082
2009-082

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – host spoke to a number of women about their experiences with dowry abuse in New Zealand – allegedly in breach of controversial issues, accuracy and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – highlighted problem of dowry abuse and presented experiences of a few women – not upheld Standard 5 (accuracy) – complainant did not identify any inaccurate statements – not upheld Standard 7 (discrimination and denigration) – complainant did not identify any group or section of the community – not upheld This headnote does not form part of the decision....

Decisions
Punnett and Radio New Zealand Ltd - 2009-011
2009-011

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – discussion between commentators about New Zealand’s change in government – one commentator recalled overhearing a conversation at Auckland Airport in which a man told some tourists that the former Prime Minister was a lesbian – allegedly in breach of good taste and decency, accuracy and discrimination and denigration Findings Standard 1 (good taste and decency) – comments were intended to be humorous and ironic – contextual factors – not upheld Standard 5 (accuracy) – programme not a news, current affairs or factual programme to which the accuracy standard applied – not upheld Standard 7 (discrimination and denigration) – comments related to an individual, not to a section of the community – not upheld This headnote does not form part of the decision....

Decisions
McBride and Television New Zealand Ltd - 1995-126
1995-126

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/95 Dated the 9th day of November 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 J M Potter Chairperson L M Loates R McLeod...

Decisions
Wood and Radio New Zealand Ltd - 2019-036 (17 September 2019)
2019-036

The Authority has not upheld a complaint that the song Why Won’t You Give Me Your Love breached broadcasting standards. The complaint was that the song lyrics described an ‘intention to stalk, kidnap, imprison and rape’ and the song was inappropriate to broadcast in the afternoon. The Authority determined that the song’s satirical nature and upbeat style reduced the potential for the darker tone of the lyrics to cause harm. The song was within audience expectations for the eclectic music selection of the host programme, Matinee Idle and, taking into account the context of the broadcast, the lyrics did not undermine widely shared community standards and would not have unduly harmed child listeners. Not Upheld: Good Taste and Decency, Children’s Interests, 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
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
Noble and Television New Zealand Ltd - 2014-030
2014-030

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

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
Jamieson and MediaWorks Radio Ltd - 2016-057 (14 October 2016)
2016-057

Summary[This summary does not form part of the decision. ]Hosts on The Morning Sound radio show discussed the news that the Tui Brewery at Mangatainoka had made a number of workers redundant. The hosts commented that the Brewery was where the ‘pretty’ and ‘hot girls’ worked and expressed their concern about them being ‘laid off’, making comments such as, ‘All the pretty girls are going. . . ’, ‘I hope they don’t get rid of any of the hot girls’, and ‘I don’t know if I can drink the beer if it’s not had the ladies’ touch. ’ The Authority did not uphold a complaint that this discussion was denigrating or discriminatory towards any female workers made redundant, or to women generally. The hosts were clearly referring to a series of satirical Tui television advertisements, which depicted the Mangatainoka Brewery as being run by women....

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