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New Zealand Fire Service and RadioWorks Ltd - 2009-018
2009-018

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – criticised comments made by the Fire Service after a house fire in which four children died – called Fire Service spokespeople “cocks”, “idiots”, “morons”, “arseholes” – allegedly unfair Findings Standard 6 (fairness) – comments went beyond criticising firemen’s actions in professional capacity – sustained personal abuse of individuals – unfair – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] The Michael Laws Talkback programme was broadcast between 9am and 12 noon on Wednesday 7 January 2009. The host’s topic for the day was a house fire in Mangere in which four children had died and two adults were seriously injured....

Decisions
Ryan and The RadioWorks Ltd - 2000-025
2000-025

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....

Decisions
Robinson and RadioWorks Ltd - 2010-037
2010-037

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....

Decisions
Royal and The RadioWorks Ltd - 2001-213
2001-213

ComplaintRadio Pacific – talkback host's reference to graffiti artists’ attitude to suicide included the words – they "should commit suicide more quickly" – immature – bigoted – offensive FindingsPrinciple 1 and Principle 7 Guideline 7a – no tape – decline to determine Principle 8 – relevant – uphold No Order This headnote does not form part of the decision. Summary [1] Graffiti artists were discussed on talkback broadcast on Radio Pacific at about 4. 15pm on 1 June 2001. In reply to a caller expressing concern about the suicide rate among that group, the host had used words to the effect "it is a pity more of them do not commit suicide more quickly". [2] Alan Royal complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the remark was "immature, bigoted and offensive"....

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
Cockram and The RadioWorks Ltd - 2000-114, 2000-115
2000-114–115

ComplaintRadio Pacific talkback – John Banks – misleading comments about Tranz Rail – unfair treatment of complainant – misrepresentation of complainant’s position on-airFindings(1) Principle 5 – complainant insulted and misrepresented – uphold (2) Principle 6 – Tranz Rail not an American company – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary Talkback host John Banks broadcast comments about Tranz Rail and its safety record on Radio Pacific during the morning of 6 April 2000. Then, during the 7 April 2000 morning show, Mr Banks broadcast comments about the complainant, who had written to Radio Pacific about the previous day’s broadcast. Tranz Rail’s Corporate Relations Manager, F C Cockram complained to The RadioWorks Ltd, the broadcaster, that the 6 April broadcast contained inaccuracies which related to Tranz Rail’s ownership and matters surrounding the death of a Tranz Rail employee....

Decisions
Clarke and 4 Others and RadioWorks Ltd - 2010-068
2010-068

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Decisions
Fearon and RadioWorks Ltd - 2010-118
2010-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Weekend Sport – host used the word “root” during a discussion about alleged sexual misconduct by a former All Black – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – host used a coarse colloquialism to convey a positive message – word “root” said in matter-of-fact manner – younger child listeners unlikely to understand subject matter of the conversation – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] In a segment during Weekend Sport called “Six of the Best”, broadcast on Radio Live at approximately 5. 20pm on 10 July 2010, the hosts briefly discussed the resignation of former All Black Andy Haden as a Rugby World Cup ambassador after he was criticised for comments he made about alleged historical sexual misconduct by another former All Black....

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
Waterworth and Wickham and RadioWorks Ltd - 2012-033
2012-033

Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

Decisions
ChildFund New Zealand and CanWest Radioworks Ltd - 2007-055
2007-055

Complaint under section 8(1)(b) of the Broadcasting Act 1989Truth Radio – host made statements about ChildFund and other child sponsorship organisations – allegedly inaccurateFindings Principle 6 (accuracy) – comments made by host were clearly distinguishable as opinion – accuracy standard did not apply – not upheldThis headnote does not form part of the decision. Broadcast[1] During an item broadcast on Radio Pacific’s Truth Radio programme on 28 March 2007, the host John Banks made some comments regarding child sponsorship organisations. The host had taken a call from a listener who wanted to discuss how the organisation Child Fund New Zealand operated. [2] In relation to ChildFund’s operations the host said that it was a: . . ....

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
South Pacific Pictures Ltd and RadioWorks Ltd - 2008-017
2008-017

Complaint under section 8(1A) of the Broadcasting Act 1989Marcus Lush Breakfast Show – host disclosed the street address of the house where the television programme Outrageous Fortune was filmed – allegedly in breach of privacy Findings Principle 3 (privacy) – no “identifiable individual” – right to privacy attached to the individual not to the house – not upheld This headnote does not form part of the decision. Broadcast [1] During the Marcus Lush Breakfast Show, broadcast on Radio Live on the morning of 11 February 2008, the radio host discussed the lack of famous film and television set locations in New Zealand that people can visit and pay homage to. He told viewers that he had received an email informing him of the street address of the house used as the fictional West family’s residence in the television programme Outrageous Fortune. [2] At approximately 8....

Decisions
GAP – The Business and Professionals Association Inc and The RadioWorks Ltd - 2004-065, 2004-066
2004-065–066

Complaint under s. 8(1)(b) of the Broadcasting Act 1989 Complaints about two broadcasts on Radio Pacific (Mark Bennett talkback) – critical comments by host about Premier House function for actor Sir Ian McKellen – both broadcasts allegedly discriminatory – second broadcast allegedly unbalancedFindings Principle 7, Guideline 7a (discrimination) – comments did not encourage discrimination against homosexuals – not upheldPrinciple 4 (balance) – no controversial issue of public importance discussed in second broadcast – not upheld Broadcasting Act, s. 5(a) – proper procedure for dealing with complaints not followedThis headnote does not form part of the decision. Broadcast[1] On 2 December 2003 at about 3. 30pm, Radio Pacific talkback host Mark Bennett spoke critically about a reception for actor Sir Ian McKellen, which had been held at Premier House....

Decisions
Pearson and CanWest RadioWorks Ltd - 2005-110
2005-110

Complaint under section 8(1)(a) of the Broadcasting Act 1989Solid Gold Radio – announcement that station going off-air due to “atmospheric conditions” – allegedly inaccurateFindingsPrinciple 5 (accuracy) – accuracy principle does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] On 8 September 2005 at 11. 40am, Solid Gold FM advised listeners that programmes would be interrupted at midday due to “atmospheric conditions”. Complaint [2] Mr Pearson complained that the event causing the interruption was a “sun transit”, and the announcement was inaccurate. Principles [3] CanWest did not assess the complaint with reference to the Radio Code of Broadcasting Practice. Broadcaster's Response to the Complainant [4] CanWest asserted that the announcer was simply acknowledging the interruption to the programme. It maintained that there was no need for the announcer to give a more detailed description....

Decisions
Christini and RadioWorks Ltd - 2009-142
2009-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – song called “Fuck You” by Lily Allen was broadcast during the afternoon – the “F” in “fuck” was muted – host explained that the word obscured in the song began with “f” and ended in “u, c, k” – allegedly in breach of good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – “fuck” inadequately censored – use of the expletive during children’s normally accepted listening times unacceptable – host’s spelling out of the word “fuck” irresponsible – upheld Standard 8 (responsible programming) – broadcaster was not sufficiently mindful of the effect the programme content would have on children – upheld No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Fuck You” by singer Lily Allen was broadcast on The Edge at 3....

Decisions
Bannatyne and The RadioWorks Ltd - 2002-055
2002-055

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....

Decisions
Lochead and RadioWorks Ltd - 2010-031
2010-031

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....

Decisions
Cannell and The RadioWorks Ltd - 2000-007
2000-007

SummaryAccording to the complainant, a Radio Pacific talkback host referred to a caller as a "stupid old cow" at around 10. 35pm on 26 September 1999. The complainant reported that, later the same evening at around 11. 45pm, the same host talked about a Coronation Street episode and said a male character was "knocking off" two female characters. The complainant also reported that the host frequently used the expression "My God". Lillian Cannell complained to Radio Pacific, now managed by The RadioWorks Ltd, the broadcaster, that the language used by the host was offensive, and that his use of "blasphemy" was also quite unacceptable. The broadcaster responded that the language used by the host was strong in nature, but was in "the slang category" and did not contravene broadcasting standards....

Decisions
Mannion and The RadioWorks Ltd - 2002-175
2002-175

ComplaintRadio Pacific – hosts Pam Corkery and Paul Henry – interview with RNZ Navy Commander about the help being given to a damaged British destroyer – some questions denigrated the British – unbalanced – unfair FindingsPrinciple 4 – interviewee not harassed – no uphold Principle 5 – no one treated unfairly – no uphold Principle 7 – British navy personnel not denigrated – no uphold This headnote does not form part of the decision. Summary [1] The assistance being given by the New Zealand Navy to the British destroyer damaged at Lord Howe Island was the subject of an interview broadcast on Radio Pacific at about 8. 20am on 12 July 2002. Hosts Paul Henry and Pam Corkery interviewed Commander John Campbell of the Royal New Zealand Navy....

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