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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(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – caller offered to donate money to fundraiser if hosts performed 20 “burpee” exercises – one host offered instead to “go and give 20 girls herpes” – allegedly in breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast[1] On The Edge radio station on the morning of Friday 16 December 2005, the hosts of The Morning Madhouse show were asking listeners to donate money for their Jingle Bail campaign. Jingle Bail is an annual fundraiser by The Edge which raises money to send a number of deserving children and their caregivers on holiday. [2] At approximately 6....

ComplaintRadio Pacific – talkback – comment about interest rates – host Mark Bennett – inaccurateFindingsPrinciple 6 – reference to economy or chronology – two possible interpretations – majority – no upholdThis headnote does not form part of the decision. SummaryWhen referring to the third recent interest rate cut in Australia, a talkback host on Radio Pacific (Mark Bennett) expressed his disgust that rates in New Zealand, until recently, had gone up. He considered that the Reserve Bank Governor’s concern about inflation had meant that New Zealand was out of step with Australia, America and Japan. The comments were made at about 6. 15pm on 21 March 2001. The Reserve Bank of New Zealand complained to The RadioWorks New Zealand Ltd, the broadcaster of Radio Pacific, that, as there had been no change to the interest rate between July 2000 and March 2001, the comment was inaccurate....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert & Jono’s Drive Show – host told personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself – story intended to be humorous – host used the term “mental” to refer to people with intellectual disabilities – allegedly in breach of standards relating to good taste and decency, fairness and discrimination and denigrationFindingsStandard 1 (good taste and decency) – story was conveyed in a light-hearted manner – the term “mental” in reference to people with intellectual disabilities was used without malice or invective – co-host made mitigating comments – host also made comments that were positive towards people with intellectual disabilities – not upheldStandard 7 (discrimination and denigration) – comments did not amount to hate speech or vitriol and the story was told without malice – did not encourage the denigration of, or discrimination against,…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Consumer Affairs, Radio Pacific – interview with Steve Crowe – covered a range of aspects of the adult entertainment industry – complainant alleged content was crass and morally reprehensible – allegedly in breach of good taste and decency, balance and social responsibility Findings Principle 1 (good taste and decency) – tone of discussion matter of fact – item broadcast at midday – show targeted at an adult audience – not upheldPrinciple 4 (balance) – item did not deal with a controversial issue of public importance – balance requirement did not apply – not upheldPrinciple 7 (social responsibility) – item did not encourage denigration – unlikely that children would have been listening – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Graeme Hill Show – included commentary from well-known atheist Pat Condell – Mr Condell made negative statements about religion and those who hold religious beliefs – allegedly in breach of good taste and decency, controversial issues and denigration and discrimination standards Findings Standard 1 (good taste and decency) – contextual factors – Bill of Rights Act – not upheld Standard 7 (discrimination and denigration) – comments lacked the necessary invective to reach the threshold for encouraging denigration – not upheld Standard 4 (controversial issues – viewpoints) – segment was an opinion piece – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Graeme Hill Show was broadcast on Radio Live at approximately 12. 55pm on Saturday 5 September 2009....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host made comments about television personality who hosted Anzac Day programme on Māori Television – said she would have been paid “$25,000 or thereabouts” – questioned whether she would have “been allowed to take that lovely piece of greenstone home with her” – host also called Māori Television “disgusting apartheid TV station” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly speculation – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not a “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldThis headnote does not form part of the decision....

ComplaintThe Edge – interview – impersonation of Jeremy Yates – cyclist banned for bad language – interview apparently with Jeremy Yates used offensive language which was beeped out – unfair – misleading – encourages discrimination and denigrationFindingsPrinciple 5 – not obviously a spoof – wrong brother the target for the prank – upholdPrinciple 7 guideline 7a – no group denigrated – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Cyclist Jeremy Yates was banned from participating in events by Cycling NZ for using bad language and displaying bad behaviour. An interview, apparently with Jeremy Yates, was broadcast during the breakfast show on The Edge on 11 April 2002. During the interview, the interviewee frequently used offensive language, which was "beeped out", and expressed displeasure that the broadcaster was not supporting him in his dispute with Cycling NZ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws talkback – discussed the release of a report by the Children’s Commissioner and Barnados which stated a quarter of a million children in New Zealand were living below the poverty line – host made critical comments about the Children’s Commissioner and the report – allegedly unfair and failed to present significant viewpoints Findings Standard 4 (controversial issues) – listeners would not expect a range of balanced views from Michael Laws’ talkback – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – host’s criticisms not unfair in robust talkback environment – important principle of freedom of speech that public officials are open to criticism – not unfair to deny complainant’s request to appear on air during unrelated programme – not upheld This headnote does not form part of the decision....

Complaint under section 8(1A) of the Broadcasting Act 1989Willie and JT – host broadcast listener’s email address and said “send him an email” – allegedly in breach of privacy FindingsStandard 3 (privacy) – privacy principle 4 applies to email addresses – personal email address is also a private fact under privacy principle 1 – however host’s disclosure of email would not be highly offensive to an objective reasonable person – 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 22 October 2010, one of the hosts read out an email from a listener in response to the hosts’ discussion about union action over the film The Hobbit. After reading out the email, which strongly disagreed with the host’s opinion, the host said: . . . That’s from [listener’s full name]....

Summary [This summary does not form part of the decision. ]During a late night talkback programme with a fill-in host, a caller expressed her attitude to the Royal family by reference to what she described as ‘Charles raping Diana’. The host challenged this and asked her what she meant. She spoke about how the Queen ‘devised the “three in the bed” scenario’ and how she felt sorry for Diana. The Authority did not uphold the complaint that the reference to rape was unacceptable and the host should have terminated the call. It appeared the caller did not mean ‘rape’ in the literal sense, the conversation was not unduly offensive in the context of a late night talkback programme, and the host acted responsibly by asking the caller to clarify her point....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Solid Gold FM breakfast show – host told joke about an Indian person who is greeted at the gates of heaven by an angel who shouts “Jesus, your taxi’s here” – complainant felt joke dehumanised Indian people and was racist – allegedly in breach of social responsibility standardFindingsPrinciple 7 and guideline 7a – joke did not encourage discrimination against or denigration of Indian people – not upheldThis headnote does not form part of the decision Broadcast [1] On the morning of 27 March 2006, the host of the Solid Gold FM breakfast show made the following joke after saying “I think it’s funny, I hope it doesn’t offend you”: [2] An Indian goes up to heaven, and the angel at the gates says “Yes, what do you want? ”, and the Indian says “I’m here for Jesus!...

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"....

ComplaintRadio Pacific – news item about woman swept away in a flood – news reader laughed – offensiveFindingsPrinciple 1 – style of delivery of item offensive – apology inadequate – upholdNo OrderThis headnote does not form part of the decision. Summary[1] A news item on Radio Pacific dealt with a woman who was swept away during a flood. The newsreader laughed as he read the item. [2] Glen Lee complained to The RadioWorks Ltd, the broadcaster, that laughter during an item about a human tragedy was offensive. [3] In response, The RadioWorks acknowledged that the item had been accompanied by laughter. It said that the hilarity followed a joke which had been told off-air during a preceding commercial break. However, it added, immediately after the laughter, an announcer apologised. [4] Dissatisfied with the broadcaster's response, Mr Lee referred the complaint to the Broadcasting Standards Authority under s....

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…...

Summary Host Ritchie Watson told a caller to Radio Pacific to "take a swallow of the body of Christ and have a few gins with it" during his talkback programme broadcast on 23 October 1999 between 11. 00–12. 00pm. Terry Ryan complained to The RadioWorks Ltd, broadcaster of Radio Pacific, that the remarks, which were addressed to him, were a serious breach of decency and good taste. The RadioWorks advised that the remark was unacceptable and reported that the host had apologised and indicated that he had not realised that such comments would offend. It responded that the reference to "having a few gins" had been unacceptable, but did not find that it breached the good taste requirement. Dissatisfied with the station's response, Mr Ryan referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

ComplaintChannel Z – competition about method of waking up another person – broadcast of male competitor who apparently woke female flatmate with her vibrator – serious criminal offence – offensive behaviourFindingsPrinciple 1 – offensive behaviour described – telephone call recorded – tape reviewed and approved for broadcast – serious error of judgment – upholdOrderBroadcast of approved statement Costs of $2,000 to CrownThis headnote does not form part of the decision. Summary[1] Novel ways of waking a person up were the subject of a competition run on Channel Z. At about 7. 30am on 14 December 2001, Channel Z broadcast a tape of a male competitor waking up a female flatmate in her bedroom by using her vibrator. The broadcast included her invective directed at the competitor when she awoke....