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Decisions
Durie and MediaWorks Radio Ltd - 2014-052
2014-052

Summary [This summary does not form part of the decision. ] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him. The broadcaster upheld the complaint this was unfair. However, the Authority found that the action taken by the broadcaster was insufficient, as the apology broadcast by the show’s hosts was insufficiently specific or formal to effectively remedy the breach. The Authority ordered a broadcast statement including an apology to the complainant. Upheld: Fairness (Action Taken) Not Upheld: Privacy, Accuracy, Discrimination and Denigration, Responsible Programming Order: Section 13(1)(a) broadcast statement including apology to the complainant Introduction [1] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him....

Decisions
Aranyi & Others and Television New Zealand Ltd - 2015-036
2015-036

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, host Mike Hosking offered his views on the incident of Prime Minister John Key's repeated pulling of a café waitress' ponytail. He described the waitress' motivations for speaking out as 'selfish' and 'a puffed up self-involved pile of political bollocks'. The Authority upheld complaints that this was unfair to the waitress. While public figures can expect criticism and robust scrutiny, in the Authority's view the waitress was not a public figure. The format of the 'final word' segment did not allow for a response from the waitress so she was unable to defend herself in this context. The Authority did not uphold the remainder of the complaints. Upheld: FairnessNot Upheld: Controversial Issues, Accuracy, Discrimination and DenigrationNo OrderIntroduction[1] In April 2015 there was public disclosure of some conduct of the Prime Minister....

Decisions
Blanch and Shapiro and RadioWorks Ltd - 2012-072
2012-072

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Decisions
Klaassen and Television New Zealand Ltd - 2004-046
2004-046

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Believe Nothing – comedy – reference to cannibalism and consuming body and blood of Jesus Christ – allegedly offensive – allegedly discriminated against CatholicismFindings Standard 1 (good taste and decency) and Guideline 1a – context – standard not threatened – not upheld Standard 6 (fairness) and Guideline 6g (discrimination) – context and satirical series – no discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] Believe Nothing is a satirical series lampooning aspects of British and Western culture, constructed around the character of Adonis Cnut played by comedian Rick Mayall. The episode broadcast on TV One at 10. 40pm on 11 January 2004 used Hannibal Lechter imagery and involved references to cannibalism and church practices. Complaint [2] Bert Klaassen complained formally to Television New Zealand Ltd, the broadcaster, about aspects of the programme....

Decisions
Christian Heritage Party, Woodham and Hille and TV3 Network Services Ltd - 2000-087, 2000-88, 2000-089, 2000-090
2000-087–090

ComplaintQueer as Folk – offensive behaviour – homosexuality – paedophilia – offensive language – fuck – blasphemy – God – Jesus Christ; unbalanced – unlawful acts portrayed FindingsStandard G2 – AO time – series challenging – community divided – no uphold Standard G5 – did not condone illegality – no uphold Standard G6 – not relevant Standard G12 – not relevant Standard G13 – no denigration – no uphold This headnote does not form part of the decision. Summary Episodes of Queer as Folk were broadcast on TV4 on 8 and 15 March 2000 beginning at 9. 30pm. The 8 March episode showed simulated sex between an adult male and a 15-year-old male, and the 15 March episode included a story line which referred to homosexual activity with the same young man....

Decisions
Māori Television Service and CanWest RadioWorks Ltd - 2006-086
2006-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host stated that the BSA had not upheld a complaint from Māori Television about his comments criticising the channel – stated that Māori Television was “apartheid” and “racist” – allegedly inaccurate and denigratoryFindingsPrinciple 6 (accuracy) – inaccurate to state that BSA had not upheld the complaint when it had not yet considered the complaint – inaccurate to refer to Māori Television as Te Karere – upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] On 25 July 2006 at approximately 7....

Decisions
Robinson and The Radio Network Ltd - 2005-030
2005-030

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – Bunty’s Big Drive Home – anecdote about white South African’s racist views towards black South African – complainant alleged anecdote was offensive to South Africans as it portrayed them as racists – complaint upheld by broadcaster as a breach of Guideline 7a (denigration) – complainant dissatisfied as believed no apology was madeFindingsPrinciple 7 (denigration) – apology sufficient – further action unnecessary – not upheldThis headnote does not form part of the decision. Broadcast [1] Mental Berocca, broadcast on Classic Hits at around 5. 30pm on 15 February 2005, contained an anecdote about a white South African woman who was upset to be sitting next to a black South African man on a plane. In the anecdote, the woman referred to the man as a “kaffir”....

Decisions
Duggan and The Radio Network Ltd - 2004-086
2004-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to streaking incident during rugby game – host commented that streaker used baby oil “no doubt to prepare himself for the police baton” – alleged breach of good taste and decency, balance, fairness and accuracyFindings Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – does not apply to editorial/opinion pieces – not upheld Principle 7 – Guideline 7a (denigration) – police not denigrated – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 8. 00am on 23 March 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented about a streaker incident which occurred during a Super 12 Rugby game at Hamilton Park....

Decisions
Richardson and CanWest TVWorks Ltd - 2005-097
2005-097

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – priest accidentally removed “Pope’s” head and sewed it back on – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – balance not required – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] An animated comedy series called Popetown centred around Father Nicholas, an idealistic young priest who lives in a fictional Vatican City (called Popetown) with a group of corrupt cardinals and a pogo-stick riding infantile Pope....

Decisions
Bhandiwad and SKY Network Television Ltd - 2010-153
2010-153

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Crowd Goes Wild – host made comments about acclimatising to conditions in India leading up to the Commonwealth Games – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – host’s comments related to conditions in India – comments did not encourage discrimination against, or denigration of, Indian people as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of The Crowd Goes Wild, broadcast on Prime at 7pm on 14 September 2010, an item reported on the Samoan Rugby Sevens team’s training in preparation for the Commonwealth Games in India. Following the item, one of the hosts, Mark Richardson, said to his co-host Andrew Mulligan: I think that’s wonderful, you know, trying to acclimatise by training in the heat....

Decisions
Watkins and The RadioWorks Ltd - 2001-138–204
2001-138–204

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Decisions
Nelson and The Radio Network Ltd - 2003-120
2003-120

ComplaintLeighton Smith Morning Show – Newstalk ZB – interview with Chuck Missler – evangelist from United States – advanced prophecies from the Bible including some predictions about the Antichrist – inaccurate – unfair – unbalanced – encouraged discrimination FindingsPrinciple 4 – sufficient opportunities for balance – no uphold Principle 6 – not inaccurate – no uphold Principle 7 – denigration did not breach threshold – no upholdThis headnote does not form part of the decision. Summary [1] American evangelist, Chuck Missler, was a guest on the Leighton Smith Morning Show, broadcast on Newstalk ZB, between 10–11am on 18 July 2003. In response to questions from the host and from listeners, Mr Missler spoke about the Antichrist and other predictions in the Bible....

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
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Decisions
SB and Sun FM Whakatane - 2001-024, 2001-025
2001-024–025

ComplaintSun FM – announcer’s alleged misconduct – disparaging comments about complainant – breach of privacy FindingsIssue primarily a work-related dispute Principle 7 – decline to determine Privacy – decline to determine This headnote does not form part of the decision. Decision Following a work-related dispute, an announcer at Whakatane’s Sun FM allegedly made disparaging comments about the complainant on air on one occasion, and allegedly breached her privacy on air on another. The complainant had been a voluntary worker at Sun FM. The complainant, SB, complained to Sun FM, the broadcaster, that a broadcast on 28 November 2000 breached the requirement in Principle 7 of the Radio Code of Broadcasting Practice for broadcasters to be socially responsible in programmes and their presentation. She complained to the Broadcasting Standards Authority that a broadcast on 1 December 2000 breached her privacy....

Decisions
Ihaia & IM and MediaWorks Radio Ltd - 2015-074 (10 March 2016)
2015-074

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Decisions
Steel and Television New Zealand Ltd - 2016-079 (15 December 2016)
2016-079

Summary[This summary does not form part of the decision. ]An item on ONE News discussed the New Zealand Government’s ‘open door policy’ on allowing foreign visitors in New Zealand to drive. The item featured an interview with a road safety campaigner, who said it was unfair that Chinese visitors were able to drive in New Zealand with international licences, while New Zealanders had to apply for a permit to drive in China. The item included numerous references to Chinese drivers in New Zealand, and featured footage of Chinese members of the public. The Authority did not uphold a complaint that this item was discriminatory towards Chinese people. The item was framed around the campaigner’s opinion that there was not a ‘level playing field’ between China and New Zealand....

Decisions
Wilson and NZME Radio Ltd - 2023-045 (30 August 2023)
2023-045

A news bulletin on Newstalk ZB reported on the upcoming speaking tour of New Zealand by Posie Parker. The complainant considered the item’s portrayal of Parker (including through its tone and description of Parker as an ‘anti-trans rights activist’ and a ‘trans-exclusionary speaker’ rather than a ‘women’s rights campaigner’) was in breach of the balance, fairness, accuracy and discrimination and denigration broadcasting standards. The Authority found the balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ a controversial issue of public importance and, in any event, listeners would have been aware of alternative viewpoints. The Authority also found, given Parker’s views, the descriptions ‘anti-trans rights activist’ and ‘trans-exclusionary speaker’ were fair and accurate. The discrimination and denigration standard did not apply. Not Upheld: Balance, Fairness, Discrimination and Denigration, Accuracy...

Decisions
Yates and Radio New Zealand Ltd - 2015-046
2015-046

Summary[This summary does not form part of the decision. ]An item on Worldwatch reported on a request from the Iraqi Prime Minister to President Obama for continued assistance in defeating Islamic State militants in his country. Another item reported on a rally which took place in Nigeria's capital to mark the first anniversary of the abduction of some 200 school girls by the 'terrorist group Boko Haram'. The Authority did not uphold the complaint that the use of the terms 'Islamist terrorism' and 'terrorist' was selective and denigrated people who follow Islam. The references were accurate, did not carry any invective and were not exclusive to Islamic groups so the programme as a whole could not be considered to encourage discrimination against, or the denigration of, all people of the Islamic religion. The complainant did not specify who he believed had been treated unfairly....

Decisions
Te Kani-Green and Television New Zealand Ltd - 2012-057
2012-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on, and interviewed, young Māori activist who expressed his views on the Government’s sale of state assets and mining proposals – presentation of item allegedly in breach of good taste and decency, controversial issues, and discrimination and denigration standardsFindingsStandard 7 (discrimination and denigration) – views expressed by Wikatane Popata represented one end of a political spectrum – his views were described as radical and audience would have understood that they were not representative of all Māori or young Māori – item did not encourage the denigration of, or discrimination against, any section of the community – not upheld Standard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on the Popata brothers and their political views – reporter took “devil’s advocate” approach and programme included viewer feedback – not upheld Standard 1…...

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