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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....

ComplaintRadio Pacific – Morning Grill – offensive remarks about the Queen FindingsPrinciple 1 – contextual matters – no uphold Principle 7 – no denigration or discrimination – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] On the Morning Grill programme broadcast by Radio Pacific on 2 August 2002 at approximately 6. 04am, the presenters (Pam Corkery and Paul Henry) discussed the Queen’s recent visit to a mosque in Britain. The presenters focused on the fact that entry into the mosque required the Queen to remove her shoes. [2] H B McMeekin complained to The RadioWorks Ltd, the broadcaster, that the presenters’ comments were "insulting, gratuitous, and ageist". [3] In declining to uphold the complaint, the broadcaster submitted that the comments complained about were "lighthearted and were not intended to be offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Pacific – talkback segment discussing Ahmed Zaoui – host said “I don’t care if we shoot him and send him out in a dog food can” – several other statements relating to Mr Zaoui’s activities – allegedly in breach of good taste and decency and inaccurateFindings Principle 1 (good taste and decency) – context – not upheldPrinciple 6 (accuracy) – decline to determine accuracy of one statement – two statements inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] A talkback segment on Radio Pacific in the early evening on 11 November 2004 discussed the Algerian refugee Ahmed Zaoui. The host expressed strong views that Mr Zaoui should leave New Zealand, and said “I don’t care if we shoot him and send him out in a dog food can”....

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Summary The words "stick my hard dick up your butt" were reported by the complainant to have been used by an announcer on The Rock at around 10. 20pm on 20 July 1999. The complainant reported that the same announcer used the words "in between the legs" in the course of a discussion about an eclipse of the moon, during the evening of 28 July 1999. The Rape Prevention Group Inc. complained to The RadioWorks Ltd, the broadcaster, that it had breached Principles 1 and 7 of the Radio Code of Broadcasting Practice. The Rape Prevention Group maintained that the two comments were offensive and harmful to women. It said that being referred to as sex objects and "mere bodies" degraded women. The broadcaster responded that The Rock was targeted at a male audience aged between 18-39 years and that its style appealed to large numbers of that group....

ComplaintRadio Pacific – only part of letter from complainant to talkback host read on air – devious and unfair FindingsPrinciple 4 and guideline a – complainant’s views advanced – no uphold Principle 5 and guideline b – editing did not involve distortion – no uphold Principle 6 and guideline a – no deceptive practice used – no uphold This headnote does not form part of the decision. Summary [1] During a discussion of the terrorist attack in New York City on 11 September 2001, a host of the talkback station, Radio Pacific, was said to have stated on a number of occasions that Osama bin Laden had nuclear weapons and that New Zealand was a likely target. Mark Madigan wrote to the host disputing this claim. He provided sources for his view that, even if bin Laden had nuclear weapons, he would not be able to use them....

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....

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…...

Complaint Radio Pacific – talkback host Mark Bennett – critical of appointment of gay or lesbian police liaison officer – comments said to encourage denigration – inaccurate – unfairFindings Principle 7 and Guideline 7a – odious comment – obsolete stereotypes – comparators used displayed illegal behaviour – high threshold for breach not attainedPrinciple 5 and Guideline 5c – not applicable – not upheldPrinciple 6 and Guideline 6c – not applicable – not upheld This headnote does not form part of the decision Summary[1] The appointment of a gay and lesbian police liaison officer in Hamilton was the subject of critical comment by the host (Mark Bennett) in a broadcast on Radio Pacific talkback. The comments were broadcast at about 3. 15pm on Wednesday 15 October 2003....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host referred to George Michael as a “homo” – allegedly in breach of discrimination and denigration FindingsStandard 7 (discrimination and denigration) – standard applies to sections of the community – host’s comment did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During The Edge Morning Madhouse programme, broadcast on The Edge on the morning of Friday 5 February 2010, one of the hosts, Dom, had to guess which celebrity his co-host and wife, JJ, would leave him for. Dom’s guess was incorrect, but JJ’s best friend guessed correctly that JJ was thinking of singer George Michael. Dom remarked, “But he’s a homo! ” and JJ responded, “I know he’s gay, but if he went straight I’d so be there”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT – hosts interviewed the Prime Minister by telephone – one host joked that they were doing a phone interview because the Prime Minister used to suffer from polio and could not travel to the studio – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comments obtuse and clumsy – attempt at humour – comments intended to rib Prime Minister and did not extend to all people who suffered from polio or immobility – within broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] During the Willie and JT programme, broadcast on Radio Live on the afternoon of 8 February 2011, the hosts Willie and JT discussed an imminent telephone interview with the Prime Minister John Key....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

ComplaintThe Morning Rumble – toilet humour – offensive behaviour FindingsPrinciple 1 – borderline – majority – no uphold This headnote does not form part of the decision. Summary During "The Morning Rumble", the announcers read out an item called "How to Shite Like A Man". It was broadcast on The Rock on the morning of 21 March 2000. Margaret and Hugh Kingsford complained to The RadioWorks Ltd, the broadcaster, that the item contained "the most disgusting subject matter [they had] ever heard". The RadioWorks responded that although the item was "somewhat tasteless" and might have been better suited to broadcast at a later time in the day, it was a serious attempt at humour. It added that the content and language used was commonplace among the station’s target audience of 18 to 34 year old males. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike and Dom Show – during segment called “The Olympic Athletes Hall of Names” the hosts joked about the names of athletes – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – comments were a light-hearted attempt at humour – focus of comments was athletes’ names, not their nationalities – contextual factors – not upheld Standard 7 (discrimination and denigration) – focus of comments was the individuals’ names and not their nationalities – comments were intended to be humorous and did not carry any invective – did not encourage discrimination against, or the denigration of, any section of the community – not upheld Standard 8 (responsible programming) – comments not socially irresponsible – not upheld This headnote does not form part of the decision....

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(1A) of the Broadcasting Act 1989Jay-Jay, Mike and Dom Show – hosts discussed court appearance of radio broadcaster Iain Stables on violence charges – made comments that he was guilty and about his bipolar condition – allegedly in breach of privacy FindingsStandard 3 (privacy) – Iain Stables was identifiable – programme did not reveal any private facts about him because information about the charges he faced, his previous altercations, and that he had bipolar disorder was already in the public domain – as the broadcast did not disclose any private facts, Iain Stables’ privacy was not breached – not upheld This headnote does not form part of the decision. Introduction [1] During the Jay-Jay, Mike and Dom Show on The Edge, the hosts discussed charges being faced by radio broadcaster Iain Stables, following an altercation with his ex-girlfriend’s parents....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host sang jingle about a public figure being “into ladies” – included phrases, “when they make love do they have to put a strap on it”, she “wanted to go rug munching” and she “got sick of dicks” – broadcaster upheld complaint under good taste and decency – action taken allegedly insufficientFindingsStandard 1 (good taste and decency) – song lyrics were unacceptable for broadcast at 8. 20am – serious breach of good taste and decency – action taken by broadcaster was insufficient – upheld OrdersSection 16(4) – costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] At 8....

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....