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ComplaintRadio Pacific – question posed by talkback host – "what is wrong with a father having sex with his daughter anyway? " – breach of good taste – upheld by Radio Pacific – verbal warning given to host – action insufficientFindingsInsufficient action – upholdOrder Letter of apology to be sent to complainantThis headnote does not form part of the decision. SummaryThe host of a Radio Pacific talkback session, broadcast at 3. 00am on 27 December 2000, made the comment on air to a caller, "what is wrong with a father having sex with his daughter anyway? " The topic of incest had arisen in the conversation. Wendy Dickinson complained to the broadcaster, The Radio Works New Zealand Ltd, that the talkback host’s comments were "abhorrent", and should not have been made on radio....

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”....

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 – 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....

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(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?...

Leigh Pearson declared a conflict of interest and took no part in the deliberations. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Prime Minister’s Hour – Prime Minister John Key hosted Radio Live for an hour – stated that it was an “election-free zone” – Mr Key interviewed Richie McCaw, Sir Richard Branson and Sir Peter Jackson – allegedly in breach of the Election Programmes Code FindingsStandards E1 (election programmes subject to other Codes) and E5 (opening and closing addresses) – broadcast did not amount to an “election programme” for the purposes of the Broadcasting Act 1989 or the Election Programmes Code – in any event the nominated standards were not breached This headnote does not form part of the decision. Introduction [1] Media Works broadcasts in New Zealand through two television stations and many more radio stations. One of its radio stations is Radio Live....

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....

Complaint The Edge – radio announcer challenged two men to run naked down a main street – offensive behaviour – incited breach of law FindingsPrinciple 2 – no evidence that broadcaster encouraged disrespect for law – no upholdThis headnote does not form part of the decision. SummaryAn announcer on The Edge challenged two men to run naked down a main street in Queenstown. The event was broadcast live on The Edge (a radio network) at about 7. 30am on 25 May 2001. Inspector Phil Jones, the Area Controller for the Otago Rural Police in Queenstown, complained to The RadioWorks Ltd, the broadcaster, that the behaviour which he said had been "incited" by the announcer, was "unacceptable". The RadioWorks did not uphold the complaint. It disagreed that the radio station incited the participants, and maintained that the incident was intended to be humorous and not distressing to the public....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments that communities in the Far North of New Zealand were an “underclass” whose children would be “feral” and that welfare benefits should be given to stop them having children – allegedly in breach of good taste and decency, and discrimination and denigration FindingsStandard 7 (discrimination and denigration) – talkback radio is a robust environment – host’s comments were extreme but encouraged discussion of a legitimate issue – did not encourage discrimination against or denigration of Māori in the Far North – not upheld Standard 1 (good taste and decency) – contextual factors – comments did not stray beyond norms of good taste and decency – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed industrial dispute at Ports of Auckland – host Willie Jackson made controversial comments in support of striking workers, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action” – comments allegedly in breach of law and order and responsible programming standards Findings Standard 2 (law and order) – taken in context, the comments amounted to the host’s vehemently expressed opinion – listeners would not have taken the comments seriously – broadcast did not encourage listeners to engage in unlawful activity, taking into account clarifications and retractions – high value protest speech was engaged so upholding the complaint would unjustifiably restrict freedom of expression – not upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 2 This headnote does not…...

ComplaintRadio Pacific – Solid Gold – The Edge – The Rock – messages broadcast over 4 days asking anyone who knew whereabouts of complainant to contact The RadioWorks – improper use of missing person report – unfair – breach of privacy FindingsPrinciple 3, guideline 3a – privacy principle (iii) – disclosure of name because of a company’s unpaid debt – intrusion into seclusion – majority uphold; privacy principle (iv) – no intention to ridicule – no uphold; privacy principle (v) – no public interest in name disclosure – majority uphold Principle 5, guideline 5c – reference to complainant unfair – majority uphold No Order This headnote does not form part of the decision....

ComplaintRadio Pacific – host is said to have stated that he supported invasion of Iraq and that Iraqis in New Zealand who did not do so should leave – bad taste – encouraged denigration FindingsPrinciple 1 and Guideline 1a, Principle 7 and Guideline 7a – conflict as to content of host’s comments – no tape – decline to determineThis headnote does not form part of the decision. Summary[1] In comments about the invasion of Iraq, the host (Paul Henry) on Radio Pacific is said to have stated that the invasion had the support of Westerners. Moreover, the complainant reported, the host stated that Iraqis in New Zealand who did not support the invasion should leave the country. The comments were said to have been broadcast at about 6. 45am on 11 April 2003....

ComplaintRadio Pacific talkback – host John Banks – dog control – host said he would shoot a dog ranger about to shoot his dog – offensive – irresponsibleFindings Principle 2 – comment advocated criminal violence – inconsistent with maintenance of law and order – upholdPrinciple 7 – not relevantNo OrderThis headnote does not form part of the decision. SummaryThe control of dogs was discussed on talkback on Radio Pacific at about 6. 45am on Thursday 7 December 2000. While expressing sympathy for the owners of cats killed by a dog, the host (John Banks) said he would shoot any dog ranger who came onto his property to shoot his dog. Mark Vincent, National President of the New Zealand Institute of Animal Control Officers Inc, complained to The RadioWorks New Zealand Ltd, the broadcaster, that the comments were "disgusting, irresponsible, and distressing"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert and Jono’s Drive Show – “Wind up Your Wife” – telephone prank in which wife told husband she was getting restraining order against his mother – host pretended to be policeman – broadcaster asserted that husband and wife consented to broadcast – allegedly unfair FindingsStandard 6 (fairness) – recording contained elements of unfairness – questionable whether recording amounted to legitimate humour – broadcaster’s processes for obtaining and recording consent insufficient – however, in the particular circumstances, it is not appropriate for the Authority to make further inquiries – reluctantly accept informed consent to broadcast was sought and obtained – not upheld This headnote does not form part of the decision. Broadcast [1] A segment called “Wind up Your Wife” on Robert and Jono’s Drive Show was broadcast on The Rock at 5. 30pm on Wednesday 15 December 2010....

Summary An exchange on The Rock included a conversation between the announcer and an actor portraying a fictitious Australian character called Darryl Brock, during which Darryl Brock asked the announcer whether a woman announcer had "big tits" and if "she bang[ed] like a shithouse door in the wind". The exchange was broadcast at around 9. 00am on 25 November 1999. K E Broad complained to The RadioWorks Ltd, the broadcaster, that the language used was offensive and totally unacceptable, and that children could have heard it because of the time of the broadcast. The RadioWorks responded that the reference to the woman having "big tits" was "perhaps a little raunchy", but was a slang expression and did not contravene broadcasting standards. As to the second remark, the RadioWorks said that the word "shithouse" was also slang and that this remark did not contravene broadcasting standards either....

ComplaintRadio Pacific – talkback host described Minister of Health as a chicken and derelict in her duty – offensive and denigrating FindingsPrinciple 1a – contextual matters – no uphold Principle 7a – comments acceptable on talkback – no uphold This headnote does not form part of the decision. Summary [1] The Minister of Health was criticised for not going to Christchurch to try to settle a threatened nurses strike there. The comments were made by the host (Bill Ralston) on the talkback station, Radio Pacific, between 11. 00am–2. 00pm on 30 November 2001. [2] David Stott complained to The RadioWorks Ltd, the broadcaster, that the comments, which included a description of the Minister as a "woof" and "chicken", were insulting, denigrating and in poor taste. [3] As Mr Stott did not receive a response to his complaint, he referred it to the Broadcasting Standards Authority under s....

ComplaintThe Racing Show – comment that caller should "stick his head up his arse" – offensive language FindingsPrinciple 1 and Guideline 1a – offensive remark – breach – uphold No Order This headnote does not form part of the decision. Summary [1] The Racing Show was broadcast on Radio Pacific on Friday 27 December 2002. During an on-air discussion between the host and a caller at 4. 30pm the caller alleged that the host had favoured a personal friend when he had selected the winners of the "$50 caller bets". A disagreement developed, and in response to the allegation, the host said to the caller "oh, go and stick your head up your arse". [2] M D Sharp complained to The RadioWorks Ltd, the broadcaster, that the comment was objectionable and obscene....