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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-002 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WING-YAU YEE of Auckland Broadcaster RADIO i98FM LIMITED S Maling Chairperson L Loates R McLeod...
SummaryA weekend in the Wairarapa was the prize in a competition run by radio station 91ZM in Wellington in the first week of February. Listeners were invited to write in and explain why they deserved this holiday. Some entries were read each day, including one from "Malcolm" on Wednesday, and he was subsequently chosen as the winner on Friday. His winning entry was read on both days and he was spoken to on-air on Friday after the announcer telephoned his named place of work and asked for him by name. His entry detailed how his wife of 13 years had left him and his two sons (aged 12 and 9) a little over a year previously as she was having an affair with a 19-year-old. His letter concluded by stating his former wife "has since been dumped by the 19-year-old"....
Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989 New Zealand First Election Advertisement – stated that “only Winston and New Zealand First can save the foreshore and seabed for our family” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – statement was clearly opinion and promotion of New Zealand First policy – guideline 5a to Standard 5 exempts opinion from standards of accuracy – election programmes broadcast in robust political environment and listeners would have interpreted the advertisement accordingly – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for New Zealand First was broadcast on Newstalk ZB on 21 November 2011 at approximately 10. 40pm....
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....
ComplaintNewstalk ZB – doctor commented that human life begins at implantation, not conception – inaccurate – contrary to accepted medical practice – dangerous – undermined respect due to human embryo FindingsPrinciple 4 – not relevant Principle 5 – not relevant Principle 6 – well-informed opinion – no uphold Principle 8 – reminder This headnote does not form part of the decision. Summary [1] The Medical Training Co-ordinator of the New Zealand Family Planning Association commented on Newstalk ZB on 27 February 2002 at around 8. 30am along the lines that human life begins at the implantation of the human embryo into a woman’s womb and not at conception. [2] Right to Life New Zealand Inc. complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the comments were inaccurate, contrary to accepted medical practice and dangerous....
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....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback discussion on the Queen’s refusal to attend the civil wedding ceremony for the Prince of Wales – host said “she’s a heartless wench through and through” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – comment light-hearted expression of opinion – no obscene language – not upheldThis headnote does not form part of the decision Broadcast [1] The subject of whether the Queen would attend the wedding of Prince Charles and Camilla Parker-Bowles was discussed on the Newstalk ZB talkback programme at approximately 10. 30pm on 23 February 2005. A male caller explained that, while the Queen would attend the religious blessing of the couple, she could not attend the civil wedding ceremony. The host ended the conversation saying “she’s a heartless wench through and through”....
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....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB Christchurch – “Stick of the Week” awards – host nominated and named both the parents of and a pre-schooler who had been involved in altercation with Mayor – child allegedly exposed to ridicule and humiliation – privacy allegedly breached FindingsPrinciple 3 (privacy) – facts disclosed already in public domain – not upheld Principle 6 (fairness) – child object of sympathy, not ridicule – not upheld Principle 7 (denigration) – item did not deal with specified section of community – not upheld This headnote does not form part of the decision. Broadcast [1] “Stick of the Week”, a negative albeit light-hearted award, is a long-running segment of the Friday morning show on Newstalk ZB in Christchurch....
Summary [This summary does not form part of the decision. ]One of the hosts of talkback show, The Two, treated two callers in a way that the complainant considered to be unfair. The broadcaster upheld his complaint in relation to one of the callers. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the broadcast otherwise breached standards. Talkback radio is recognised as a robust and opinionated forum in which hosts may sometimes behave rudely. The host in this case was expressing her opinion, and her comments did not go beyond what could reasonably be expected....
Summary An item on the Larry Williams Programme focussed on the resignation from the Alliance Party of Mr Frank Grover MP. The item included interviews with Mr Jim Anderton, the leader of the Alliance Party, and with Mr Grover. It was broadcast on Newstalk ZB on 11 June 1999, commencing at about 6. 15 pm. Both John Bryant, the Executive Director of the Christian Heritage Party, and Adam Claasen of Christchurch complained to The Radio Network Limited, the broadcaster, that the item was untruthful, unfair, deceptive and unbalanced. Mr Grover had agreed to the interview on the basis that Mr Anderton was not "on the call at the same time", they wrote, but by including Mr Anderton in the interview, the host had breached that agreement....
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 1989Farming Show – host told anecdote about his experience at The Waterfront Bar & Bistro in Queenstown – claimed he was refused service after having a “couple of beers” and commented that it was “poor form” on the part of the bar – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – host’s comments were inappropriate – host abused his position by allegedly threatening the bar staff with bad publicity and then following through by airing a personal grievance to enact revenge on a named business – business had no opportunity to defend itself – The Waterfront Bar & Bistro treated unfairly – upheld No Order This headnote does not form part of the decision....
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(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)(i) of the Broadcasting Act 1989Paul Holmes Show – guest host read out text message which used the phrase “pre-op tranny” – phrase repeated by a listener who called the show – allegedly in breach of discrimination and denigration standard – broadcaster upheld the complaint under Standard 7 – action taken allegedly insufficient FindingsAction taken: Standard 7 (discrimination and denigration) – action taken by the broadcaster was sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – segment where host played the role of an Iraqi terrorist – comments about American soldiers and a British hostage being held by terrorists – allegedly breached good taste and decencyFindingsPrinciple 1 (good taste and decency) – seen in context, item not in poor taste or indecent – satirical and ironic comment on situation in Iraq – presenter known for satirical approach to issues – not upheldThis headnote does not form part of the decision. Broadcast [1] A segment called “World City” was broadcast on Newstalk ZB as part of the Paul Holmes Breakfast on 29 September 2004. At the time of the broadcast, British man Kenneth Bigley had been captured by Iraqi terrorists. In the “World City” segment, the presenter (Paul Holmes) imitated Abu Massad Al Zarqari, an Iraqi terrorist....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – item reported on two bodies being found on top of a rail “carriage” – allegedly inaccurate Findings Principle 6 (accuracy) – use of “carriage” technically inaccurate – distinction between carriage and wagon has been blurred by common usage over time – upholding the complaint would be an unjustified limit on the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] Two news bulletin items, broadcast on Newstalk ZB at 6. 30am and 7am respectively on Thursday 12 June 2008, reported on the discovery of two bodies on top of a rail wagon in a railway yard in Christchurch. [2] During the first item the presenter stated: Christchurch police have confirmed two bodies were found overnight at a railway yard in the city. . ....
Summary An item on the Larry Williams Programme discussed New Zealand’s military ties with Indonesia and the conflict in East Timor. The host described Indonesian military officers training in New Zealand as "thugs". The item was broadcast on Newstalk ZB on 10 September 1999 at 4. 15 pm. Mr Mahoney complained to The Radio Network of New Zealand Limited, the broadcaster, that the host’s reference to Indonesian armed services members as "thugs" was unacceptable, and that the description was based on hearsay rather than fact. TRN responded that the Indonesian Army had been described by an interviewee on the programme as an accomplice to genocide in East Timor. The Indonesian personnel in New Zealand could not be separated from the Indonesian Army as a whole, it wrote. The host’s comment was based on fact and reflected fair opinion, it concluded, and declined to uphold the complaint....
ComplaintCrimeline – Radio Scenicland – weekly feature about police – reference to allegation about some questionable police practices in Greymouth – unfair comments in response – complainant obtained tape – part of broadcast missing – complainant later accepted that pause occurred when logging tape turned over FindingsPrinciple 7 – well-publicised matter dealt with responsibly – no uphold This headnote does not form part of the decision. Summary [1] An allegation about corruption at the Greymouth Police Station made by two police officers was touched upon in Crimeline broadcast between 8. 30 - 9. 00am on 29 January 2002. Crimeline, broadcast on Radio Scenicland in Greymouth, is a weekly discussion with a police officer about Police activities in the region. [2] Nadine Thomas, one of two police officers who had made the allegations, complained to The Radio Network Ltd (TRN), the broadcaster, that the comments had discredited them....