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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 that an item on Newshub Live at 6pm, which broke the story of Dr Jonie Girouard issuing medical certificates to patients to attempt to use as vaccine exemptions, breached the privacy and law and order standards. The item featured hidden camera footage filmed by an undercover journalist posing as a patient at Dr Girouard’s practice. The Authority found the footage shown did not breach the privacy of other patients at the practice who were filmed without their consent, as they were not identifiable. It found that the footage did breach the privacy of Dr Girouard, on the basis she was identifiable in the broadcast, and the covert footage amounted to a highly offensive intrusion on her reasonable expectation of seclusion....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-039 Decision No: 1998-040 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by C of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Download a PDF of Decision No. 1991-033:Rutherford and Television New Zealand Ltd - 1991-033 PDF1. 11 MB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Michael Laws Talkback – host spoke about shooting journalists – allegedly in breach of good taste and decency, law and order, and violence standards Findings Standard 1 (good taste and decency) – specific nature of the comments had clear potential to distress and offend, whether or not they were intended to be taken literally – upheld by majority Standard 2 (law and order) – host was not seriously encouraging listeners to shoot journalists – not upheld No Order This headnote does not form part of the decision. Background [1] Talkback radio is an important part of broadcasting in New Zealand and has been for a long time. Research which we have conducted has shown that about one-third of the adult population in New Zealand listens to talkback radio from time to time. 1 They do so for different reasons....

ComplaintNewstalk ZB – host Danny Watson – results of trial of Jules Mikus for the murder of Teresa Cormack referred to and discussion about justice, retribution and community responsibility – encouraged vigilante justice FindingsPrinciple 7 – not applicable – no upholdPrinciple 2 – some of the host’s populist comments came close to breach – although overall support for judicial processes – no uphold This headnote does not form part of the decision Summary [1] The conviction of Jules Mikus for the murder of Teresa Cormack was referred to on Newstalk ZB between noon and 3pm in the talkback session broadcast on 9 October 2002 hosted by Danny Watson. Concern at the time-lapse between the murder and conviction was expressed. Examples of extra-judicial justice were given by callers and the host at times suggested that instant justice could be more effective in reforming offenders than the justice system....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 31/94 Dated the 26th day of May 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand National Party – John Key pictured in moving vehicle – complaint that Mr Key was not wearing a seatbelt – allegedly in breach of law and order and children’s interests standards Findings Election Programmes Code Standard E1 – standards in the Free-to-Air Television Code apply to election programmes Standard 2 (law and order) – advertisement showed Mr Key removing seatbelt – reasonably attentive viewer would have concluded that he was wearing a seatbelt – even if he was not shown wearing a seatbelt, would not have breached Standard 2 – not upheld Standard 9 (children’s interests) – advertisement did not contain any material likely to disturb or alarm children – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday and One News – reported on a police drugs bust involving former Australian swimmer Scott Miller – Charlotte Dawson mentioned as being his ex-wife – one item included wedding photos of Ms Dawson and Mr Miller – allegedly in breach of law and order, balance, accuracy and fairness Findings Standard 2 (law and order) – items did not encourage viewers to break the law or otherwise condone, promote or glamorise criminal activity – not upheld Standard 4 (balance) – items did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – items were accurate on points of fact – not upheld Standard 6 (fairness) – Ms Dawson was treated fairly – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]Ultimate Fighting Championship (UFC), featuring cage fighting, was broadcast on SKY Sport. The Authority did not uphold the complaint that the sport was too violent and inappropriate for broadcast at 5pm. This was a legitimate sport, broadcast on a niche channel dedicated to sport, and was appropriately classified M, indicating it was suitable for mature audiences aged 16 and over. Filtering technology allowed parents to block the content if they wished. Not Upheld: Children, Violence, Law and OrderIntroduction[1] An Ultimate Fighting Championship (UFC) tournament, featuring cage fighting, was broadcast at 5pm on a SKY Sport channel, on Monday 21 April 2014. It was classified M (suitable for mature audiences 16 years and over)....

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....

Download a PDF of Decision No. 1992-040:Ross and Television New Zealand Ltd - 1992-040 PDF441. 51 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Dexter – fictional drama about a forensic expert leading a double life as a serial killer – allegedly in breach of law and order and violence standards Findings Standard 2 (law and order) – programme did not promote, glamorise or condone criminal activity – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion with violent scenes and themes – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Dexter was broadcast at 9. 30pm on TV3 on Monday 28 April 2008. The series revolved around a Miami Metro Police Department forensic expert in blood patterns, Dexter Morgan....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Without a Trace – promo showed a woman interrogating a beaten man, who was sitting on a chair, his hands tied and bleeding – woman aimed a nail gun at the man’s groin and stated “…I will nail more than your hand to the chair” – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – promo did not condone, promote or glamorise criminal activity – not upheld Standard 7 (programme classification) – promo correctly classified as PGR – not upheld Standard 9 (children’s interests) – majority agreed that the broadcaster adequately considered the interests of child viewers – not upheld Standard 10 (violence) – promo was brief – did not contain explicit violence – majority considered broadcaster exercised…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item about Tana Umaga’s appointment as All Black captain – reference to Mr Umaga’s dreadlocks – presenter allegedly implied that dreadlocked sportspeople are incompetent and engage in sexually deviant behaviour and law breaking – allegedly breached standards relating to good taste and decency, law and order, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – presenter’s comments innocuous – neither indecent nor in bad taste – not upheld Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy) and Standard 6 (fairness) – matters complained about not expressed or implied in the broadcast – no basis for any of the complainant’s allegations in presenter’s comments – declined to determine This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-057 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CENTRE FOR PSYCHO- SOCIOLOGICAL DEVELOPMENT of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...