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Decisions
Atkinson and RadioWorks Ltd - 2011-011
2011-011

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....

Decisions
White and RadioWorks Ltd - 2009-008
2009-008

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....

Decisions
Shieffelbien and RadioWorks Ltd - 2007-102
2007-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Edge – host prank called the National Poison Centre pretending that a friend had ingested window cleaner – allegedly in breach of social responsibility standard Findings Principle 7 (social responsibility) – the prank call wasted the Centre’s time and resources – the hosts knew that they did not require assistance from the Centre – the prank call was socially irresponsible – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item called “Win Dom’s Money” broadcast on The Edge at 8am on 9 August 2007, involved a radio personality named Chang being dared to drink a shot glass of glass cleaner for $60. Before the hosts allowed Chang to drink the shot, one of them rang a phone number located on the back of the bottle of glass cleaner....

Decisions
McGinley and Channel Z - 1997-080
1997-080

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...

Decisions
Harvey and RadioWorks Ltd - 2007-113
2007-113

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”....

Decisions
Baird and RadioWorks Ltd - 2013-041
2013-041

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....

Decisions
McMeekin and The RadioWorks Ltd - 2002-167
2002-167

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....

Decisions
Williams and CanWest Radio NZ Ltd - 2002-052
2002-052

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....

Decisions
New Zealand Institute of Animal Control Officers Inc and The RadioWorks New Zealand Ltd - 2001-054
2001-054

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"....

Decisions
Rape Prevention Group Inc and The RadioWorks Ltd - 2000-003, 2000-004
2000-003–004

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....

Decisions
Kiro and RadioWorks Ltd - 2008-108
2008-108

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....

Decisions
New Zealand Aids Foundation and CanWest RadioWorks Ltd - 2006-131
2006-131

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Live – (1) talkback host on 11 October criticised New Zealand Aids Foundation for what he regarded as its promotion of the gay lifestyle – allegedly denigratory, unbalanced and unfair(2) talkback host on 12 October expressed dislike for most gay men – allegedly denigratory, unbalanced and unfairFindings (both 11 and 12 October broadcasts) Principle 4 (balance) – exchanges did not amount to discussions about a controversial of public importance – not upheldPrinciple 5 (fairness) – no obligation to give the NZAF a right of reply taking into account brevity of throw-away comments made by talkback host – not upheldPrinciple 7 and guideline 7a (denigration) – threshold not met – not upheldThis headnote does not form part of the decision....

Decisions
Broad and The RadioWorks Ltd - 2000-032
2000-032

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....

Decisions
Lee and The RadioWorks Ltd - 2002-151
2002-151

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....

Decisions
Māori Television Service and CanWest RadioWorks Ltd - 2006-086
2006-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host stated that the BSA had not upheld a complaint from Māori Television about his comments criticising the channel – stated that Māori Television was “apartheid” and “racist” – allegedly inaccurate and denigratoryFindingsPrinciple 6 (accuracy) – inaccurate to state that BSA had not upheld the complaint when it had not yet considered the complaint – inaccurate to refer to Māori Television as Te Karere – upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] On 25 July 2006 at approximately 7....

Decisions
Māori Television and CanWest RadioWorks Ltd - 2006-056
2006-056

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....

Decisions
Cotterall and The RadioWorks Ltd - 2000-015
2000-015

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....

Decisions
Bowman and RadioWorks Ltd - 2011-129
2011-129

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....

Decisions
Dickinson and The Radio Works New Zealand Ltd - 2001-047
2001-047

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....

Decisions
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

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....

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