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Decisions
Elders and RadioWorks Ltd - 2010-100
2010-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Rumble – breakfast show hosts on The Rock discussed a story featured on Close Up the previous night about two girls who alleged that, twelve-years prior, an ex-All Black had engaged in sexual activity with one of them while she had been unconscious – the hosts noted that the girl had accepted a payment from the man to settle the matter – one host made the comment, “See, all I see is that that woman and her mate have cashed in at both ends” – allegedly in breach of good taste and decency, controversial issues, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 6 (fairness) – some elements of unfairness – however, hosts entitled to voice their opinions in the manner in which they did – freedom of expression – not upheldStandard 4…...

Decisions
Crozier and RadioWorks Ltd - 2011-070
2011-070

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....

Decisions
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
de Villiers and RadioWorks Ltd - 2010-004
2010-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host broadcast phone calls recorded at 3. 30am Australian time to Australian residents with horse racing-related surnames to ask for betting tips for the Melbourne Cup – allegedly in breach of privacy and good taste and decency Findings Standard 1 (good taste and decency) – childish prank intended to be humorous – did not threaten standards of good taste and decency – not upheld Standard 3 (privacy) – people phoned were not identifiable – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] During The Edge Morning Madhouse, broadcast on The Edge on the morning of Tuesday 3 November, one of the hosts noted that the Melbourne Cup was “the race that stops the nation”, but questioned whether it might be “the race that wakes the nation”....

Decisions
Edgar and CanWest RadioWorks Ltd - 2007-034
2007-034

Complaint under section 8(1)(b) of the Broadcasting Act 1989 Complaint sent to Radio Live – broadcast was on Radio Pacific – complainant referred complaint to the Authority as he had not received a response from the broadcaster – issue as to Authority’s jurisdiction to consider complaintFindings Section 8(1)(b) states that a complainant can refer a complaint to the Authority if the broadcaster has not responded after receiving the complaint – complainant did not send his complaint to the correct “broadcaster” – Authority has no jurisdiction to consider complaintThis headnote does not form part of the decision. Broadcast[1] Mike Edgar wrote a letter of complaint to Radio Live regarding comments he said were broadcast on that station at 5. 40am on 27 January 2007. Having received no response from Radio Live, Mr Edgar attempted to refer his complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Decisions
Kinsella and Canwest RadioWorks Ltd - 2007-059
2007-059

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – host repeatedly referred to the Catholic Church as “the church of paedophilia” and commented that “the church is rife with paedophilia among its priests” – allegedly in breach of good taste and decency, balance, fairness and accuracy Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 4 (balance) – broadcast did not discuss a controversial issues of public importance – not upheld Principle 5 (fairness) – the church’s representative was given a sufficient opportunity to rebut the comments made by the host – not upheld Principle 6 (accuracy) – host did not make any unqualified statements of fact – the accuracy standard did not apply – not upheld  This headnote does not form part of the decision....

Decisions
MacDonald and Channel Z Ltd - 2000-099
2000-099

Complaint Channel Z – broadcast of phone call to elderly woman about family member in lingerie advertisement – invasion of privacy – offensive FindingsContent of broadcast unclear – no tape provided – unable to determine complaint – decline to determine – warning about unsatisfactory complaints procedure This headnote does not form part of the decision. Summary An announcer on Channel Z telephoned an elderly woman and asked her about the fact that her granddaughter had appeared in a lingerie commercial about ten years previously. This interview was broadcast on Channel Z at around 6. 30pm on 6 May 2000. Rory MacDonald complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the woman’s privacy. He maintained that the announcer’s questions had been provocative and distasteful and said he considered that they would have been highly offensive to the interviewee....

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
Faithfull and CanWest RadioWorks Ltd - 2005-015
2005-015

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....

Decisions
Watson and The RadioWorks Ltd - 2000-162
2000-162

ComplaintTalkback – Radio Pacific – host rude to callers FindingsPrinciple 1 – no tape – reported remarks not exceptional in talkback context – decline to determine This headnote does not form part of the decision. Summary Talkback discussion about equestrian Mark Todd’s alleged cocaine use was broadcast on Radio Pacific on 6 July 2000 between 7. 00–8. 00am. The host supported Mr Todd. Alex Watson complained to The RadioWorks Ltd, the broadcaster, that the host’s conduct had been objectionable. He cited some examples of callers being subjected to what he termed abusive treatment after expressing their views, and noted that although some callers had tried to remonstrate with the host, they had been cut off before they could speak. In his view, this was not part of free speech talkback, and did nothing for the reputation of the station....

Decisions
McMillan and RadioWorks Ltd - 2010-050
2010-050

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....

Decisions
Young and The RadioWorks Ltd - 2002-211
2002-211

ComplaintRadio Pacific – Morning Grill – reference to an Authority decision ordering complainant to pay costs to the broadcaster as complaint to broadcaster about use of the word "bugger" was vexatious – "bugger" – offensive language – no tape FindingsPrinciple 1 and Guideline 1a – absence of tape – unable to assess tone – decline to determine This headnote does not form part of the decision. Summary [1] A decision from the Broadcasting Standards Authority was referred to by the presenters of Morning Grill on Radio Pacific between 6. 00–9. 00am on 31 July 2002. The decision involved the Authority ordering a complainant to pay a broadcaster costs of $150 as the Authority found the complaint about a broadcast which contained the word "bugger" was vexatious. The broadcast on Radio Pacific also used the word "bugger"....

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
Bartlett and The RadioWorks Ltd - 1999-191, 1999-192
1999-191–192

SummaryDuring the course of the evening’s broadcast on The Rock on 28 June 1999, reference was made to a computer image of "a Dalmatian shagging a chick" and an All Black’s sexual orientation. The word "fuck" was used on several occasions in a broadcast on The Rock during the evening two weeks earlier – on 14 June 1999 – and a female caller who objected to being called "a dozy bitch" was told to "fuck off" if she did not like it. Mr Bartlett complained to The RadioWorks, the broadcaster, that it had breached the Broadcasting Act by using discriminatory, unfair and indecent language. He cited a number of specific instances which he asked the station to address. The station’s programme director responded that the show was targeted at an audience of males aged between 18–39 years and that its style appealed to them....

Decisions
Fibbens and RadioWorks Ltd - 2011-100
2011-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Henry Drive – referring to the name of the show segment, the host stated, “It’s time for our left right shit fight” – guest stated, “As much as this is meant to be a shit fight Sue, you are going to have to find some more subjects that we disagree on” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – low-level language used in a non-aggressive manner and in a robust talkback environment would not have surprised listeners – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Paul Henry Drive show was broadcast on Radio Live between 3pm and 6pm on Monday 20 June 2011....

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
Yates and The RadioWorks Ltd - 2002-099
2002-099

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....

Decisions
Ingram and The RadioWorks Ltd - 2000-064
2000-064

ComplaintTalkback – therapeutic remedy – editorial independence – advertorial – ethical issues FindingsPrinciple 4 – no uphold Principle 7 – host agreed with caller – reference to mainstream medical advice not necessarily required in context – no uphold This headnote does not form part of the decision. Summary A caller, who said her granddaughter had open weeping sores, asked the host on Radio Pacific for his views on the efficacy of colloidal silver and Celtic sea salt in treating her condition. The call was broadcast on 21 February 2000 at about 4. 10am on Radio Pacific. Christopher Ingram complained to The RadioWorks Ltd that the broadcast was not balanced and was irresponsible in not advising the caller to seek medical advice. In addition he expressed his concern about the sponsorship of the programme by a company which made alternative remedies....

Decisions
Towl and RadioWorks Ltd - 2009-136
2009-136

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…...

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....

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