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Complaint under section 8(1A) of the Broadcasting Act 1989 The Breeze – host revealed the fact that he and his wife had separated during the Christmas holiday break – statement included wife’s first name – allegedly in breach of privacy Findings Standard 3 (privacy) – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on The Breeze, broadcast between 6am and 6. 30am on Monday 19 January 2009, the host revealed to listeners that he and his wife had separated during the Christmas holiday break. The host disclosed his wife’s first name. Referral to the Authority [2] Barbara White lodged a privacy complaint about the broadcast with the Authority under section 8(1A) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live talkback – complainant strongly criticised the host’s approach in an interview with Georgina te Heuheu MP – after some two minutes of uninterrupted comment, the host cut off caller and, while declining to identify her, said that she had her own agendas and that she shouldn’t ring because it wasn’t appropriate for her to call talkback – broadcaster’s approach allegedly unbalanced, unfair and inaccurateFindingsPrinciple 4 (balance) – complainant’s criticism of host and host’s criticism of complainant were not controversial issues of public importance - standard does not apply – not upheldPrinciple 5 (fairness) – host’s critical response to experienced caller’s criticisms in robust talkback environment not unfair – not upheldPrinciple 6 (accuracy) – standard does not apply as exchange was neither news nor current affairs – not upheldThis headnote does not form part of the decision....

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – broadcasts unsuitable for children Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) 22 November broadcast – 6. 31am – Principle 1 – uphold (3) 22 November broadcast – 6. 39am – no uphold (4) 23 November broadcast – 6. 39am – Principle 1 – uphold (5) 26 November broadcast – 7. 40am – Principle 1 – uphold – Principle 7 and Guideline 7b – uphold (6) 27 November broadcast – 6. 35am – action taken insufficient – uphold (7) 30 November broadcast – 6. 36am – action taken insufficient – uphold (8) 6 December broadcast – 6. 19am – no uphold OrderTotal costs to the Crown in the sum of $3,000Cross-references: 2001-071–084; 2001-138–204 This headnote does not form part of the decision....

SummaryAccording to the complainant, a Radio Pacific talkback host said "Maori is not a culture" between 6. 00 and 8. 00am on 1 September 1999. Stephen Cotterall said that he complained to Radio Pacific, a division of The RadioWorks Ltd, the broadcaster, that the comment made by the announcer was racially derogatory and insulting to the tangata whenua. As the broadcaster failed to respond to Mr Cotterall’s complaint, he referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. When the matter was referred to The RadioWorks, it advised that it had not received Mr Cotterall’s letter of complaint. Nevertheless, it then proceeded to deal with the complaint. The broadcaster advised that the announcer’s comment was a genuine expression of opinion, and it declined to uphold the complaint. For the reasons given below, the Authority declines to uphold the complaint....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Fletch and Vaughan Show – hosts discussed competition – asked winning team what they were going to draw on the faces of the losing team and one of the winners stated “Well on the forehead ‘Vote Team Two’ and on the side of the face a nice little penis just going into the mouth” – broadcaster upheld complaint under good taste and decency – action taken allegedly insufficient FindingsStandard 1 (good taste and decency) – action taken by broadcaster adequate considering the nature of the breach – not upheld This headnote does not form part of the decision. Broadcast [1] During the Fletch and Vaughan Show, broadcast on The Edge at 3pm on Thursday 9 December 2010, the hosts discussed a competition being run by the radio station....

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....

SummaryThe morning broadcast on The Rock on 14 July 1999, included a "joke" about an Indian superette owner and his Pakistani worker. Mr Yousef complained to The RadioWorks, the broadcaster, that the joke was offensive and demeaning. He considered that the joke was both in bad taste and cast a "racial and religious slur". The broadcaster responded that the show was targeted at an audience of males aged between 18-39 years and that its style appealed to large numbers of that group. In the broadcaster’s view, those people were entitled to their own radio station which reflected their values, language and attitudes. The RadioWorks declined to uphold the complaint. Dissatisfied with the broadcaster’s decision, Mr Yousef 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 upholds the complaint....

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....

Te Raumawhitu Kupenga 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 New Zealand First Election Advertisement – child stated, “My mum and dad are voting for New Zealand First. They say that Winston will give us a fair go” – allegedly in breach of responsible programming standardFindings Standard E1 (election programmes subject to other Codes) – Standard 8 (responsible programming) of the Radio Code – advertisement broadcast in robust political environment during lead-up to the election – reasonable listeners would understand that children are under the legal age to vote – complaint does not raise any issues of broadcasting standards which warrant our consideration – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – host likened the appearance of a talent show contestant to that of a person suffering from an intellectual disability – allegedly in breach of good taste and decency and social responsibility standards Findings Principle 7 (social responsibility) – host’s comments intended to be positive – item lacked necessary invective to amount to encouraging denigration – not upheld Principle 1 (good taste and decency) – host had no intention to insult or offend – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Radio Live on 27 August 2007 discussed a British talent show contestant named Paul Potts and his rapid rise to fame after his singing audition on the programme “Britain’s Got Talent”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – included discussion on a study which showed a link between domestic violence and animal abuse – host made a number of comments that were critical of the women who took part in the study and of women who stayed in violent relationships because of their pets – for example, he said that they were “morons”, “probably deserved to be abused”, and were “born sub-normal” – host made comments that were critical of the White Ribbon campaign – allegedly in breach of good taste and decency, accuracy, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – talkback is a robust and opinionated environment – host’s approach could be considered offensive and provocative but was for effect and to generate a response – overall, programmes were balanced – contextual factors – not upheld Standard 7 (discrimination and denigration) –…...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – criticised comments made by the Fire Service after a house fire in which four children died – called Fire Service spokespeople “cocks”, “idiots”, “morons”, “arseholes” – allegedly unfair Findings Standard 6 (fairness) – comments went beyond criticising firemen’s actions in professional capacity – sustained personal abuse of individuals – unfair – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] The Michael Laws Talkback programme was broadcast between 9am and 12 noon on Wednesday 7 January 2009. The host’s topic for the day was a house fire in Mangere in which four children had died and two adults were seriously injured....

SummaryA woman caller was advised by a programme host on Radio Pacific to lie to the Accident Compensation Corporation in order to obtain a benefit she was not legally entitled to. The broadcast was at about 10. 00pm on 25 September 1999. V P McGlone complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, about the broadcast. As he did not receive a response from the broadcaster within the statutory 20 working days, Mr McGlone referred the complaint to the Authority under s. 8(1)(b) of the Broadcasting Act 1989. When it responded to the Authority, the broadcaster advised that it had no record of having received the complaint. It advised that it had now upheld the complaint as breaching the requirement to maintain standards consistent with the maintenance of law and order....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live Drive – host referred to “dirty Germans” – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – comment was light-hearted – was not intended to reflect all Germans – host was expressing disapproval of tourists stealing native wildlife – not upheld Standard 7 (discrimination and denigration) – comment related specifically to the German tourists who had stolen native geckos – did not encourage denigration of or discrimination against German people as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] During Radio Live Drive, broadcast on Radio Live at approximately 4. 20pm on 9 March 2011, the host said: Have you ever thought about stealing a gecko? Why on earth would you steal a gecko?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Henry Drive – referring to the name of the show segment, the host stated, “It’s time for our left right shit fight” – guest stated, “As much as this is meant to be a shit fight Sue, you are going to have to find some more subjects that we disagree on” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – low-level language used in a non-aggressive manner and in a robust talkback environment would not have surprised listeners – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Paul Henry Drive show was broadcast on Radio Live between 3pm and 6pm on Monday 20 June 2011....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-080 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN McGINLEY of Lower Hutt Broadcaster CHANNEL Z of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(b) of the Broadcasting Act 1989 The Rock – stunt in which announcers let off fireworks to test “Jimmy’s ability to dodge fireworks” – allegedly in breach of law and order and social responsibility standardsFindings Principle 2 (law and order) – subsumed under Principle 7Principle 7 (social responsibility) – stunt was socially irresponsible – did not consider effects on child listeners – hosts’ manner trivialised the potential danger of aiming fireworks at another person – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast[1] In a segment called “Do Stuff to Jimmy” on The Rock, broadcast at approximately 8. 15am on 20 October 2006, the announcers commented on the recent call to ban fireworks for public sale....