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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....

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....

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....

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....

Complaint The Edge – caller to station advised that she had unwittingly committed incest and sought assistance with advising half-brother – caller telephoned her half-brother on-air advising him of their relationship – highly sensitive material – breach of privacy – releasing information offensive – no tape FindingsPrinciple 1 Guideline 1a – despite time for reflection, broadcaster proceeded with the broadcast of very sensitive information for entertainment purposes – upholdPrinciple 3 – privacy – consent from one party Privacy Principle (vii) – no uphold – no identification of the other – no uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] "Cleaning Out Your Closet" was the name of a competition run by The Edge, a radio station, in which callers speak about something they want to get off their chest. At about 5....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike and Dom Show – during segment called “The Olympic Athletes Hall of Names” the hosts joked about the names of athletes – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – comments were a light-hearted attempt at humour – focus of comments was athletes’ names, not their nationalities – contextual factors – not upheld Standard 7 (discrimination and denigration) – focus of comments was the individuals’ names and not their nationalities – comments were intended to be humorous and did not carry any invective – did not encourage discrimination against, or the denigration of, any section of the community – not upheld Standard 8 (responsible programming) – comments not socially irresponsible – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for the television current affairs programme Campbell Livewas broadcast on Radio Live – question as to whether Authority has jurisdiction over promo FindingsAuthority accepts that it has jurisdiction over the promo for Campbell Live broadcast on Radio Live on Tuesday 6 July 2010 This headnote does not form part of the decision. INTERLOCUTORY DECISION Background [1] A promo for the television current affairs programme Campbell Live was broadcast on Radio Live at 4. 45pm on Tuesday 6 July 2010. The promo concerned an upcoming item on Campbell Live about the working conditions at an Auckland company called Paper Reclaim Ltd. [2] Paper Reclaim Ltd made a formal complaint to RadioWorks Ltd, the broadcaster responsible for Radio Live, asserting that the Campbell Live promo breached Standards 5 and 6 of the Radio Code of Broadcasting Practice....

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....

Summary [This summary does not form part of the decision. ]During a late night talkback programme with a fill-in host, a caller expressed her attitude to the Royal family by reference to what she described as ‘Charles raping Diana’. The host challenged this and asked her what she meant. She spoke about how the Queen ‘devised the “three in the bed” scenario’ and how she felt sorry for Diana. The Authority did not uphold the complaint that the reference to rape was unacceptable and the host should have terminated the call. It appeared the caller did not mean ‘rape’ in the literal sense, the conversation was not unduly offensive in the context of a late night talkback programme, and the host acted responsibly by asking the caller to clarify her point....

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"....

ComplaintRadio Pacific – host Bill Ralston – offensive references to Australian “brown nosing” and “bending over” for the Americans – gutter language FindingsPrinciple 1 and Guideline 1a – context – colloquial language – robust environment – no uphold This headnote does not form part of the decision. Summary [1] The attitude of one senior Australian politician to New Zealand’s approach to ANZUS was commented upon by the talkback host (Bill Ralston) on Radio Pacific at about 10. 00am on 18 March 2002. The host used the terms “brown nosing” and “bending over for the Americans” in describing the attitude of the Australian Government to ANZUS and to the United States. [2] Bob Syron complained to The RadioWorks Ltd, the broadcaster, that the expressions referred to sexual activities and were extremely offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – hosts commented on the name “Chris Peacock” – references to an item on KFC menu called “crispy cock” – mock advertisement containing references to oral sex – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – sustained and repetitive sexual references – likely that young people would have been listening – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] At around 7. 55am on 26 October 2004 the hosts of The Morning Madhouse on the radio station The Edge joked about a complaint they had received from a person by the name of Chris Peacock....

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....

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....

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....

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"....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-185 Decision No: 1997-186 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MARTIN DURHAM of Upper Hutt and MAARTEN GROEN of Lower Hutt Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

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....