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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-177 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DON BORRIE of Porirua Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
SummaryNews broadcasts by Newstalk ZB and Classic Hits FM between 6. 00–9. 00 am on 16 October 1998 reported that a Victoria University student had been forced to leave her employment in England as a nanny because of sexual advances by her employer, Mr Mohammed Al-Fayed. Mr Wilkinson complained to The Radio Network Limited, the broadcaster, that the reports were inaccurate. In an interview he had heard with the student on another radio station, she had emphasised cultural differences and human rights matters as being the reasons for leaving her employment, he said. The sexual slant placed on the story by the broadcaster did not assist understanding of another culture, he wrote, and it was a disservice to the student. Responding, TRN said that the story, quoting the student as having had sexual advances made to her by Mr Al-Fayed, had been given widespread local and international coverage....
Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – news item – question in Parliament about National Party leader Dr Brash’s previous interest in Treaty of Waitangi and racial issues – impression said to be left that he had never raised such concerns previously – allegedly inaccurateFindings Principle 6 (accuracy) – news item showed leader of New Zealand First and the Prime Minister “ganging up” on leader of the National Party – Parliamentary question reported accurately – not upheld This headnote does not form part of the decision. Broadcast [1] A question in Parliament from the leader of New Zealand First to the Prime Minister about the leader of the National Party’s previous concerns about the Treaty of Waitangi and race issues, before his recent Orewa speech, was the lead item on the news on Newstalk ZB broadcast at 5. 00pm on Wednesday 25 February 2004....
ComplaintPaul Holmes Breakfast – Newstalk ZB – Inspector General of SIS described as “old duffer” and “old buffer” – unfair – apology to Inspector General the following morning – process described as travesty – unbalanced – unfair FindingsPrinciple 5 – complaint not upheld by broadcaster – comment questioned competence – uphold No OrderBroadcaster argued that action taken by host sufficient – Authority agrees – no order This headnote does not form part of the decision. Summary [1] The continuing detention of Algerian refugee Ahmed Zaoui was a topic dealt with in an editorial comment by the host on Paul Holmes Breakfast, broadcast on Newstalk ZB at about 7. 25am on 7 August 2003. Expressing his displeasure at the continuing detention, the host described the Inspector General of the SIS, among other things, as an “old gent”, “that old duffer” and “the old buffer”....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – host made comments about a listener who had emailed him – called listener a “moron” who was “incapable of rationality” and said “don’t email me again until you’ve had some help with your head” – allegedly in breach of privacy and unfair – broadcaster upheld fairness complaint – complainant dissatisfied with privacy decisionFindingsPrinciple 3 (privacy) – no reasonable expectation of anonymity when emailing a radio station – no private facts disclosed – implied consent given to broadcast name – not upheldThis headnote does not form part of the decision. Broadcast [1] During Leighton Smith’s talkback show on Newstalk ZB at approximately 10. 10am on 17 March 2006, the host made the following comments about a listener who had emailed him: Oh dear, Kevin Malone go away. Go and get help for goodness sake. You are incapable of rationality....
ComplaintNewstalk ZB: Larry Williams Breakfast Show – host said "I don’t want to piss in your pocket" – offensive FindingsPrinciple 1 – colloquialism – context – no uphold This headnote does not form part of the decision. Summary [1] "I don’t want to piss in your pocket" was the phrase used by the host of the Larry Williams Breakfast Show when talking to a guest. The comment was made at about 8. 15am on 18 July 2003 on Newstalk ZB. [2] J H Mahoney complained to The Radio Network Ltd, the broadcaster, that the use of the phrase, especially at that time of the morning, was disgusting. [3] In response, TRN described the phrase as a "widely used colloquialism" which would not have caused major offence to its primary audience aged 35 years and over....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Mike Yardley Mornings – Newstalk ZB – discussion about financial problems at Christchurch Hospital – allegedly unbalanced, inaccurate and socially irresponsible FindingsPrinciple 4 (balance) – balanced discussion in talkback context – not upheld Principle 6 (accuracy) – one comment about acute demand provision inaccurate – upheld Principle 7 (social responsibility) – balanced discussion in talkback context – not upheld No Order This headnote does not form part of the decision. Broadcast [1] On 29 April 2004, Newstalk ZB talkback host Mike Yardley introduced the Mike Yardley Mornings show with a discussion about financial problems at Christchurch hospital....
Complaint under s. 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – Israeli Prime Minister described as the “butcher Sharon” – allegedly offensive, unbalanced, unfair and incited racial disharmonyFindings Principle 1 (good taste and decency) – editorial context – not upheld Principle 4 (balance) – does not apply to opinion pieces – not upheld Principle 5 (unfair) – acceptable opinion – not upheld Principle 7 and Guideline 7a (encouraged discrimination) – not racial epithet – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 7. 45am on 23 March 2004, the host of Paul Holmes Breakfast on Newstalk ZB, Paul Holmes, commented about the killing by the Israelis of Hamas leader Sheikh Ahmed Yassin. Among other critical remarks, the host described the Prime Minister of Israel as “the butcher Sharon”....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talk Show – radio host played excerpt from television show The View in which Fox News commentator, Bill O’Reilly, stated that the mosque near Ground Zero was “inappropriate” and that “Muslims killed us on 9/11” – radio host discussed comments – allegedly in breach of law and order, controversial issues, accuracy and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – listeners would not expect a range of balanced views from a talkback programme – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – host’s comments amounted to opinion and analysis – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of…...
ComplaintNewstalk ZB – Larry Williams Show – political commentator used term “house niggers”– offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no upholdThis headnote does not form part of the decision. Summary [1] During a broadcast of the Larry Williams Show on Newstalk ZB, Barry Soper, a political commentator, referred to a comment made by Titewhai Harawira, a Maori political activist. The commentator recalled that the activist had referred to Maori Members of Parliament as “house niggers”. The broadcast occurred shortly before 5. 00pm on 16 September 2003. [2] Barbara Grover complained to The Radio Network Ltd (TRN), the broadcaster, that the comment was offensive, compromised the integrity of current affairs and encouraged denigration. [3] TRN declined to uphold the complaint....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – comment about recent pack rape allegations against Australian rugby league players – host described women who attended parties with rugby league players as “moles” and suggested that they were asking for trouble – allegedly denigrated womenFindings Standard 7 – Guideline 7a (discrimination and denigration) – comment encouraged denigration of women who socialise with rugby league players – not a genuine expression of serious comment – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] At about 7. 55am on 2 April 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented on recent pack rape allegations against a team of Australian rugby league players....
ComplaintNewstalk ZB – talk – host Paul Holmes – host’s comment – sticking out like dog balls – offensive language FindingsPrinciple 1 – colloquial – not offensive in context – no uphold This headnote does not form part of the decision. Summary A report about sport and recreation was referred to during the talk programme on Newstalk ZB between 7. 00–8. 00am on 31 January 2001. The host (Paul Holmes) said that one conclusion "stuck out like dog balls". D Brazier complained to The Radio Network Ltd, the broadcaster, that the comment was offensive. Explaining that the host was quoting a Committee member and that it was delivered in a conversational tone, TRN denied that the comment would cause any major offence among an audience aged 35 plus which listened Newstalk ZB. It declined to uphold the complaint....
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....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host referred to comments by chief executive of the EMA that female workers are less productive because they take sick leave when they are menstruating – host said, “In other words, when a woman is on her rags, she calls in crook to work” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – while comment would have offended some listeners, the phrase was colloquial and referring to menstruation which is not in itself derogatory – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 9. 30pm during a talkback programme on Newstalk ZB, broadcast on the evening of 24 June 2011, the host referred to recent comments made by the chief executive of the Employers and Manufacturers Association (EMA)....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Larry Williams Drive Show – host expressed his views on the execution of Osama bin Laden – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues and fairness FindingsStandard 4 (controversial issues) – comments were clearly host’s personal opinion and did not amount to a “discussion” of a controversial issue of public importance – host referred to alternative viewpoints – not upheld This headnote does not form part of the decision. Broadcast [1] During the Larry Williams Drive Show, broadcast on Newstalk ZB on 4 May 2011, the host expressed his views on the execution of Osama bin Laden. He stated: . . . The bin Laden photos will not be released, President Obama has announced this today, he said that he didn’t want to hold up a trophy....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host interviewed a representative from MetService about weather predictions made by NIWA – host commented “Do those people at NIWA, do they read your forecasts, or have they got their heads so far up their backsides they don’t take any notice of anyone else? ” – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – contextual factors – host’s comment colloquial – would not have caused offence or distress to listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A talkback programme, broadcast on Newstalk ZB on Friday 24 December 2010 at 7....
Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 NewstalkZB – during a discussion about the vice presidential candidate for the Republican Party, Sarah Palin, one of the regular commentators stated that Ms Palin's daughter was "the town bike” and that her family was "low-rent" – broadcaster upheld complaint that the comments breached Standard 1 (good taste and decency) and Standard 7 (discrimination and denigration) – action taken by broadcaster to rectify breaches allegedly insufficient Findings Standards 1 (good taste and decency) and 7 (denigration and discrimination) – broadcaster upheld complaint under two standards and counselled host on remark – action taken by broadcaster sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Newstalk ZB, broadcast at 8....
Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – afternoon host made comments about Green Party MP Keith Locke – allegedly in breach of good taste and decency, and fairness standards Findings Standard 6 (fairness) – viewers would have realised comments were host’s and callers’ interpretation of Mr Locke’s stance – public figures are open to criticism – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 This headnote does not form part of the decision. Broadcast [1] During Newstalk ZB’s afternoon show, broadcast between 1pm and 4pm on 5 January 2009, the host started a discussion about Green Party MP Keith Locke, saying: Keith Locke’s another one. He’s an apologist for terrorism....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....
ComplaintNewstalk ZB – Larry Williams Drive Show – interview with General Manager of Mitsubishi Motors on sponsorship withdrawal from the Holmes television programme – host allegedly trivialised Holmes’ comments on Kofi Annan – host’s comments allegedly racist FindingsPrinciple 7 Guideline 7a – legitimate interview – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Larry Williams, the host of the Larry Williams Drive Show on Newstalk ZB, interviewed the General Manager of Mitsubishi Motors on its sponsorship withdrawal from the Holmes television programme. The host commented critically on the reasons for the withdrawal and then received four calls from the public, all of whom condemned Mitsubishi’s decision. [2] Milton Cassidy complained to The Radio Network Ltd, the broadcaster, that Larry William’s comments trivialised the racist comments made by Paul Holmes about Kofi Annan....