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Decisions
Zaman and The RadioWorks Ltd - 2003-121
2003-121

ComplaintRadio Pacific – host is said to have stated that he supported invasion of Iraq and that Iraqis in New Zealand who did not do so should leave – bad taste – encouraged denigration FindingsPrinciple 1 and Guideline 1a, Principle 7 and Guideline 7a – conflict as to content of host’s comments – no tape – decline to determineThis headnote does not form part of the decision. Summary[1] In comments about the invasion of Iraq, the host (Paul Henry) on Radio Pacific is said to have stated that the invasion had the support of Westerners. Moreover, the complainant reported, the host stated that Iraqis in New Zealand who did not support the invasion should leave the country. The comments were said to have been broadcast at about 6. 45am on 11 April 2003....

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
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
Kingsford and The RadioWorks Ltd - 2000-105
2000-105

ComplaintThe Morning Rumble – toilet humour – offensive behaviour FindingsPrinciple 1 – borderline – majority – no uphold This headnote does not form part of the decision. Summary During "The Morning Rumble", the announcers read out an item called "How to Shite Like A Man". It was broadcast on The Rock on the morning of 21 March 2000. Margaret and Hugh Kingsford complained to The RadioWorks Ltd, the broadcaster, that the item contained "the most disgusting subject matter [they had] ever heard". The RadioWorks responded that although the item was "somewhat tasteless" and might have been better suited to broadcast at a later time in the day, it was a serious attempt at humour. It added that the content and language used was commonplace among the station’s target audience of 18 to 34 year old males. It declined to uphold the complaint....

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
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
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
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
EF and CanWest RadioWorks Ltd - 2006-112
2006-112

Complaint under section 8(1)(c) of the Broadcasting Act 1989 The Edge – anonymous caller revealed that named person had visited a medical clinic – disclosed confidential medical details – allegedly in breach of privacyFindings Principle 3 (privacy) – highly offensive disclosure of private facts – upheldOrder Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $2,067 Section 16(4) – payment of costs to the Crown $5,000This headnote does not form part of the decision. Broadcast[1] On the afternoon of Monday 9 October 2006, the hosts on The Edge radio station stated that they had “a bit of inside goss” from an anonymous caller who had previously worked at a medical centre for two weeks. The hosts asked “are you breaking patient confidentiality here or something? ” to which the caller laughed....

Decisions
Newburgh and CanWest RadioWorks Ltd - 2005-007
2005-007

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – comment from late-night talkback host about people from Christchurch “cuddling their sheep” – allegedly in breach of good taste and decency standard as made reference to bestialityFindings Principle 1 (good taste and decency) – Comment clearly intended to be humorous – no offensive language used – no direct reference to bestiality – comment very mild – not upheldThis headnote does not form part of the decision. Broadcast[1] Shortly after midnight during the Radio Pacific late-night talkback show on 20 December 2004, the host, Miles Davis, stated that he did not intend to take any more calls from Christchurch residents, and that they should simply go to bed and “cuddle up to their sheep”. Complaint[2] Bruce Newburgh complained to Radio Pacific that the comment was in bad taste, as it implied that people from Christchurch practised bestiality....

Decisions
Dodds and The RadioWorks Ltd - 2002-025
2002-025

ComplaintThe Rock – Morning Rumble – competition – the worst things that had ever happened to you when you’ve been drinking – story about drunk youth – stripped – drawn on – urinated over – crutch pushed into rectum – photos taken – person embarrassed and later left school – encourages abuse FindingsPrinciple 1 – story offensive – uphold Principle 7 guideline 7b – 7. 15–8. 15am normally accepted listening time for children – uphold OrderCosts of $2,500 to the Crown This headnote does not form part of the decision. Summary [1] A competition entitled "The worst things that have ever happened to you when you’ve been drinking" was run on The Rock between 7. 15–8. 15am on 31 July 2001....

Decisions
Lehmann and The RadioWorks Ltd - 2002-077, 2002-078, 2002-079, 2002-080
2002-077–080

ComplaintRadio Pacific – Solid Gold – The Edge – The Rock – messages broadcast over 4 days asking anyone who knew whereabouts of complainant to contact The RadioWorks – improper use of missing person report – unfair – breach of privacy FindingsPrinciple 3, guideline 3a – privacy principle (iii) – disclosure of name because of a company’s unpaid debt – intrusion into seclusion – majority uphold; privacy principle (iv) – no intention to ridicule – no uphold; privacy principle (v) – no public interest in name disclosure – majority uphold Principle 5, guideline 5c – reference to complainant unfair – majority uphold No Order This headnote does not form part of the decision....

Decisions
Batchelor and RadioWorks Ltd - 2012-058
2012-058

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…...

Decisions
Watkins and The RadioWorks Ltd - 2002-128–143
2002-128–143

ComplaintThe Rock – a number of complaints – breach of privacy – using the airwaves to ridicule and denigrate – unfair – unjust Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) s. 4(1)(c) – privacy – no identification – no uphold (3) Principle 5 – 6 December broadcast – no uphold11 December broadcast (6. 19am) – threatening and intimidatory – uphold11 December broadcast (8. 35am) – suggesting someone has mental problems unfair – uphold12 December broadcast (6. 22am) – no uphold12 December broadcast (6. 54am) – no uphold13 December broadcast – abusive and threatening – uphold20 December broadcast – no uphold7 January broadcast – no uphold Orders(1) Broadcast of statement(2) $250 reimbursement of reasonable legal costs and expenses This headnote does not form part of the decision. Summary [1] R K Watkins complained to the Broadcasting Standards Authority under s....

Decisions
Buckland and Hoffer and The RadioWorks Ltd - 2000-077, 2000-078
2000-077–078

ComplaintRadio Pacific talkback – John Banks – critical of Italian team at America’s Cup – greasy Italians – unfair – offensive language – discriminatory – incomplete tape FindingsPrinciple 1 – offensive – uphold Principle 7 – no uphold OrderCosts to the Crown in the sum of $1000 This headnote does not form part of the decision. Summary During his talkback programme broadcast between 6. 00–9. 00am on 23 February 2000 on Radio Pacific, host John Banks referred to an incident which had occurred in the America’s Cup race the previous day when the Italian challenger had experienced a number of mishaps and a crew member suffered a head injury. Among other things, he was said to have described the team as "greasy Italians who should be sunk to the bottom of the Waitemata Harbour....

Decisions
Hamlett and RadioWorks Ltd - 2011-049
2011-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live News and The Breeze News – news bulletins reported on incident in which a British woman was bitten by a lion cub at Paradise Valley Springs – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statements accurate, or amounted to analysis comment or opinion under guideline 5a – news items not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant was given a fair opportunity to comment on the incident – complainant and Paradise Valley Springs treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A number of news bulletins, broadcast on Radio Live News and The Breeze News on the morning of Monday 13 December 2010, reported on an incident in which a British woman was bitten by a lion cub at Paradise Valley Springs in Rotorua....

Decisions
Davidson, on behalf of Aotea College, and The RadioWorks Ltd - 2001-116
2001-116

ComplaintThe Edge – comments about Aotea College students – two references to "burning the place down" – reference to breathalysing students – ill-informed, harmful and malicious FindingsPrinciple 5 – misdirected humour – negative comments – borderline – no upholdThis headnote does not form part of the decision. SummaryComments about Aotea College students, made in the course of a discussion about a secondary school stage competition, were broadcast on The Edge (a radio network) on 30 May 2001 between 3. 00pm and 7. 00pm. The announcer twice asked whether students from Aotea College had burned the venue down, and also asked if they had been breathalysed at the door. Julia Davidson, the principal of Aotea College complained to The RadioWorks Ltd, the broadcaster, that the comments were ill-informed, harmful and malicious. The RadioWorks did not uphold the complaint....

Decisions
Richmond and RadioWorks Ltd - 2013-023
2013-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Decisions
Parkes and CanWest RadioWorks Ltd - 2006-015
2006-015

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....

Decisions
Mental Health Commission and CanWest RadioWorks Ltd - 2006-030
2006-030

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

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