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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....

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....

ComplaintRadio Pacific – talkback – caller referred to Prime Minister Helen Clark as "a barren bitch and a sleeping homosexual" – failure to cut off caller – breach of good taste and decency – broadcaster failed to respond to complaint within statutory 20 working days – later advised the broadcast of derogatory comments against policy – host apologised and gave assurance that it would not occur again FindingsPrinciple 1 – personal abuse – unacceptable – uphold Principle 8 – no tape – no excuse – uphold OrderPrinciple 1 – broadcast of approved statement This headnote does not form part of the decision. Summary [1] During a talkback programme broadcast on Radio Pacific on 20 September 2001 between 9. 00pm and 10. 00pm, a listener heard a caller to the station describe Prime Minister Helen Clark as "a barren bitch and a sleeping homosexual"....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-037 Decision No: 1998-038 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MANU CADDIE of Wellington Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Devlin on Sport – host read out list of swear words from Authority’s survey – attempts made to censor the words, but some were still distinguishable – RadioWorks upheld a complaint that the broadcast breached good taste and decency – action taken allegedly insufficientFindingsStandard 1 (good taste and decency) – action taken by broadcaster adequate considering the nature of the breach – not upheldThis headnote does not form part of the decision. Broadcast[1] During an item on Devlin on Sport, broadcast on Radio Live at 3. 45pm on Sunday 28 March 2010, the host briefly discussed a survey conducted by the Broadcasting Standards Authority on swear words in broadcasting after an interviewee had used the word “bullshit” during a discussion. [2] The host stated: They’ve just put out today, the BSA, a media release, for immediate release....

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....

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

ComplaintThe Edge – listeners asked to call station mid afternoon – hot topic – frequency of sex – reference to self pleasure and pain of some sexual experiences – offensive and inappropriate for children – recommended uphold by broadcaster as inappropriate for children – Principle 7 and guideline 7a – announcer spoken toFindingsPrinciple 1 – adult topic during children’s normal viewing times – context and Bill of Rights – no upholdPrinciple 7 guideline 7a – agree with broadcaster’s recommendation – uphold – no orderThis headnote does not form part of the decision. Summary[1] The frequency of sex was the "hot topic" for the listener phone-in programme broadcast by The Edge from 4. 05pm on 29 November 2001. One caller asked if the topic included self-pleasure, and another said frequent or long sexual encounters could be painful....

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 – 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(1)(a) of the Broadcasting Act 1989Radio Live – reference to the Arabian Gulf in a news report – allegedly inaccurateFindings Principle 6 (accuracy) – use of the term Arabian Gulf inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] During a news item broadcast on Radio Live on 9 April 2007, a reporter used the term “Arabian Gulf” when reporting that a British service woman had been freed after being held hostage for 13 days in Iran. Complaint[2] Babak Mahdavi complained to CanWest RadioWorks Ltd, the broadcaster, that the body of water which separates the Iranian Plateau from the Arabian Peninsula was officially named the “Persian Gulf”, and therefore it was inaccurate to refer to it as the Arabian Gulf....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...

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"....

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…...

SummaryIn a prank telephone call broadcast on Solid Gold FM on 12 June 1998 at about 8. 25am, a woman was called by a man claiming to be her fiance’s boss and was told that he was going to be fired because he was sleeping with the boss’s secretary. The woman reacted with tearful remonstrations, but then admitted that she was having an affair with her fiance’s brother. Anrik Drenth of Wellington complained to the station that the call was distressing and offensive because it was malicious, and listeners were not informed at the conclusion that it was a prank. He noted that the woman had been clearly distressed by the news. In a brief response, the station advised that the call was a hoax and had been set up. It apologised if it caused offence....

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(1B)(b)(ii) of the Broadcasting Act 1989 The Edge – broadcast conversation with listener – hosts had told listener that she was not on air – broadcast her cellphone number – listener complained that broadcast breached her privacy and was unfair – broadcaster upheld the complaint – action taken allegedly insufficient Findings Standard 3 (privacy) – action taken insufficient – upheld Standard 6 (fairness) – action taken insufficient – upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,500 This headnote does not form part of the decision. Broadcast [1] On Wednesday 27 August 2008 on The Edge radio station, a telephone conversation between the hosts and a listener was broadcast between 5pm and 6pm. The listener expressed concern that the hosts were making inappropriate remarks about people from other countries, such as India and America....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – discussed government’s Te Reo Māori initiatives – host read out email from listener who said that their grandmother had been beaten at school for speaking Te Reo – host stated, “I think this is a myth, to be perfectly honest with you, I don’t know of anywhere this happened....