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Decisions
Brooke and Radio New Zealand Ltd - 2000-001
2000-001

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Buckland and Hoffer and The RadioWorks Ltd - 2000-077, 2000-078
2000-077–078

ComplaintRadio Pacific talkback – John Banks – critical of Italian team at America’s Cup – greasy Italians – unfair – offensive language – discriminatory – incomplete tape FindingsPrinciple 1 – offensive – uphold Principle 7 – no uphold OrderCosts to the Crown in the sum of $1000 This headnote does not form part of the decision. Summary During his talkback programme broadcast between 6. 00–9. 00am on 23 February 2000 on Radio Pacific, host John Banks referred to an incident which had occurred in the America’s Cup race the previous day when the Italian challenger had experienced a number of mishaps and a crew member suffered a head injury. Among other things, he was said to have described the team as "greasy Italians who should be sunk to the bottom of the Waitemata Harbour....

Decisions
Stott and The RadioWorks Ltd - 2002-056
2002-056

ComplaintRadio Pacific – talkback host described Minister of Health as a chicken and derelict in her duty – offensive and denigrating FindingsPrinciple 1a – contextual matters – no uphold Principle 7a – comments acceptable on talkback – no uphold This headnote does not form part of the decision. Summary [1] The Minister of Health was criticised for not going to Christchurch to try to settle a threatened nurses strike there. The comments were made by the host (Bill Ralston) on the talkback station, Radio Pacific, between 11. 00am–2. 00pm on 30 November 2001. [2] David Stott complained to The RadioWorks Ltd, the broadcaster, that the comments, which included a description of the Minister as a "woof" and "chicken", were insulting, denigrating and in poor taste. [3] As Mr Stott did not receive a response to his complaint, he referred it to the Broadcasting Standards Authority under s....

Decisions
Makea and Television New Zealand Ltd - 2012-028
2012-028

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australian Open Tennis Championships – reporter commented with regard to Serena Williams’ performance, “The American was almost schizophrenic – she hit four double faults in one game, as well as an ace” – allegedly in breach of discrimination and denigration, and accuracy standards Findings Standard 7 (discrimination and denigration) – term “schizophrenic” was used colloquially as an adjective to describe Ms Williams’ sporting performance – comment did not carry any invective or malice – use of the term did not encourage discrimination against, or the denigration of, people with mental illness as a section of the community – not upheld Standard 5 (accuracy) – use of term “schizophrenic” was not a statement of fact – amounted to commentary and was therefore exempt from standards of accuracy under guideline 5a – not upheld This headnote does not form part of the…...

Decisions
Kirk and The Radio Network Ltd - 2012-134
2012-134

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny & Jacqui – during live broadcast from Riccarton Park Racecourse one host said to her co-hosts, “I know you haven’t put any bets on because you’re both Jews” – allegedly in breach of discrimination and denigration standardFindingsStandard 7 (discrimination and denigration) – comment was ignorant and perpetuated stereotypes but did not reach the high threshold necessary for encouraging the denigration of, or discrimination against, Jewish people as a section of the community – not upheldThis headnote does not form part of the decision. Introduction[1] During the ZM drive show, Jay, Flynny & Jacqui, broadcast live from Cup Day at Riccarton Park Racecourse in Christchurch, one of the hosts said to her co-hosts, “You’ve obviously watched the race. I know you haven’t put any bets on because you’re both Jews”. The show was broadcast on ZM on 13 November 2012....

Decisions
Burrows and Television New Zealand Ltd - 2014-102
2014-102

Summary [This summary does not form part of the decision. ]An item on Q+A considered new initiatives proposed by the National Party to tackle domestic violence. The Authority declined to uphold the complaint that the item 'focused exclusively on women as victims and men as perpetrators of domestic violence', which showed a lack of balance and denigrated men. References to 'men' and 'women' did not amount to a 'discussion of gender' requiring the presentation of alternative views, as alleged by the complainant. Not Upheld: Controversial Issues, Discrimination and DenigrationIntroduction[1] An item on Q+A considered new initiatives proposed by the National Party to tackle domestic violence. The item contained an interview with the Minister of Justice and a panel discussion with a political scientist, a lawyer and a communications consultant....

Decisions
O'Leary and New Zealand Media Entertainment Ltd - 2020-009 (16 June 2020)
2020-009

A complaint regarding a comment made by radio host Chris Lynch in relation to a news report that Whakaari was going to receive a blessing in the wake of the fatal volcanic eruption has not been upheld. The Authority found that considering the relevant contextual factors, Mr Lynch’s comment ‘because that’s going to change everything isn’t it? ’ was unlikely to cause widespread undue offence or distress. The Authority also noted that, while the comment had the potential to offend some listeners, comments will not breach the discrimination and denigration standard simply because they are critical of a particular group, because they offend people, or because they are rude. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Oxley and Television New Zealand Ltd - 2023-051 (18 October 2023)
2023-051

The Authority has not upheld complaints about three broadcasts concerning Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand for her ‘Let Women Speak’ events. The complainant was concerned the broadcasts were unfair towards Parker, homosexual people (by grouping them with transgender people) and women, and that the broadcasts misrepresented Parker and the Let Women Speak events. The Authority declined to determine aspects of the complaints, given similar findings in recent decisions, and otherwise found the broadcasts did not breach the applicable broadcasting standards. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness; Declined to Determine: Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989 – in all of the circumstances)...

Decisions
Casley & Stewart and Television New Zealand Ltd - 2023-075 (29 November 2023)
2023-075

The Authority has not upheld complaints about a Breakfast interview with Labour MP Tangi Utikere. During the interview, Utikere was asked about reports of a ‘leaker’ within the Labour caucus, and was repeatedly questioned on whether he himself was the leaker. The complainants alleged the interview amounted to bullying and denigrated Utikere. The Authority acknowledged the questioning was sustained, but was within the scope of the type of questioning expected of a politician, particularly in the lead up to an election, and the broadcast was not in breach of the fairness standard (with respect to treatment of Utikere or former Minister Kiritapu Allan). The balance and discrimination standards were either not applicable or not breached.   Not Upheld: Fairness, Balance, Discrimination and Denigration...

Decisions
Waisbrod and Television New Zealand Ltd - 2024-012 (22 April 2024)
2024-012

The Authority has not upheld a complaint a news report on 1News breached several standards, by using the phrase Hamas ‘fighters’, rather than Hamas ‘terrorists’. The Authority found the choice of word could not reasonably be said to encourage the different treatment of Jewish or Israeli people, devalue their reputation, or embed negative stereotypes about them. Under accuracy, the Authority found the word was not inaccurate, was not material in the context of the broadcast as a whole, and there was no harm at a level justifying limitation of the broadcaster’s right to freedom of expression and editorial independence. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance and Fairness...

Decisions
Higgins and Television New Zealand Ltd - 2023-002 (12 April 2023)
2023-002

The Authority did not uphold a complaint a reference to ‘Māori currently waiting 12 months longer than others for surgery’ in the introduction of a 1 News item breached the accuracy, discrimination and denigration, and fairness standards. The Authority accepted the reference was inaccurate, as it should have said ‘Māori were more likely than others to be waiting 12 months for surgery’ (not waiting 12 months longer). However, the Authority found the inaccuracy was not material, given the item’s focus on the pressures on the health system, potential negative outcomes of long waiting times, and the Planned Care Taskforce’s recommendations to reduce waiting times. In this context, the brief reference to Māori wait times in the introduction was unlikely to significantly affect viewers’ understanding of the item as a whole. The discrimination and denigration and fairness standards did not apply. Not Upheld: Accuracy, Discrimination and Denigration, Fairness...

Decisions
YS and NZME Radio Ltd - 2023-011 (16 May 2023)
2023-011

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Englert and Radio Pacific Ltd - 1995-142
1995-142

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...

Decisions
AMBLA (Australasian Man Boy Love Association) and Television New Zealand Ltd - 1995-004
1995-004

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 4/95 Dated the 13th day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AMBLA (AUSTRALASIAN MAN BOY LOVE ASSOCIATION) Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
McCullough and NZME Radio Ltd - 2020-008 (9 June 2020)
2020-008

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Naqvi and The Radio Network Ltd - 2008-142
2008-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Breakfast – host discussed recent terrorist attacks in Mumbai – made various comments about Muslims and terrorism – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – programme was an opinion piece – lacked the necessary invective to cross the threshold for denigration – not upheld Standard 4 (controversial issues - viewpoints) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 5 (accuracy) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 6 (fairness) – not unfair to Muslim people – not upheld This headnote does not form part of the decision....

Decisions
Anderson and CanWest RadioWorks Ltd - 2006-118
2006-118

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – host described the late King of Tonga as “King, fat King, brown slug King, Tupou the fourth of Tonga” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – comments were made about an individual, not a “section of the community” – not upheldThis headnote does not form part of the decision. Broadcast[1] During a Radio Live talkback programme between 9am–12pm on Tuesday 12 September 2006, host and Mayor of Wanganui Michael Laws commented that he had been amazed to receive a directive from the Prime Minister’s office that the city should fly the New Zealand flag at half mast to mark the passing of the King of Tonga, Tāufa ’āhau Tupou IV....

Decisions
Brown and 3 Others and Television New Zealand Ltd - 2003-082–2003-087
2003-082–087

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....

Decisions
Baulch and The RadioWorks Ltd - 2000-014
2000-014

SummaryHost John Banks described parking wardens as "low lifes" in his programme on Radio Pacific broadcast on 26 August 1999 at about 8. 15am. Adele Baulch complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that as a former parking warden she found the comment objectionable. She sought a public apology from Mr Banks to all parking wardens in New Zealand. The broadcaster responded that no malice had been intended by the remark but admitted that the host’s language had been "a little strong". It apologised for distress caused to the complainant, and declined to uphold the complaint. Dissatisfied with The RadioWorks’ decision, Mrs Baulch 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 uphold the complaint. DecisionThe members of the Authority have read the correspondence which is listed in the Appendix....

Decisions
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

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