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Ensoll and The Radio Network of New Zealand Ltd - 1999-047
1999-047

SummaryA Millennium Baby Competition was the title of a promotion run by radio station 91ZM in Auckland. It focused on the first child to be born on 1 January 2000. Mr Ensoll complained to the broadcaster that the title of the promotion was incorrect as, he said, the next Millennium was due to begin on 1 January 2001. The Radio Network of New Zealand Ltd, as operators of 91ZM, declined to uphold the complaint on the basis the world intended to celebrate the new Millennium on 1 July 2000 regardless of the technical correctness of the date. Dissatisfied with The Radio Network's decision, Mr Ensoll referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Tannahill and The Radio Network Ltd - 2003-135
2003-135

ComplaintPaul Holmes Breakfast – Newstalk ZB – Inspector General of SIS described as “old duffer” and “old buffer” – unfair – apology to Inspector General the following morning – process described as travesty – unbalanced – unfair FindingsPrinciple 5 – complaint not upheld by broadcaster – comment questioned competence – uphold No OrderBroadcaster argued that action taken by host sufficient – Authority agrees – no order This headnote does not form part of the decision. Summary [1] The continuing detention of Algerian refugee Ahmed Zaoui was a topic dealt with in an editorial comment by the host on Paul Holmes Breakfast, broadcast on Newstalk ZB at about 7. 25am on 7 August 2003. Expressing his displeasure at the continuing detention, the host described the Inspector General of the SIS, among other things, as an “old gent”, “that old duffer” and “the old buffer”....

Decisions
Sabine and The Radio Network Ltd - 2001-066
2001-066

ComplaintNewstalk ZB – Transmission Gully – talkback host’s comments criticised politicians – callers putting contrary views cut off – unbalanced – unfair FindingsPrinciple 4 – talkback robust – no evidence of lack of balance – no uphold This headnote does not form part of the decision. Summary The defeat of a private member’s Bill supporting a road through Transmission Gully was addressed during talkback on Newstalk ZB broadcast in Wellington between 8. 30 and 11. 00am on 3 May 2001. The host (Justin du Fresne) criticised the loyalty of the MPs from Wellington who had voted against the Bill. Arnold Sabine complained to The Radio Network Ltd (TRN), the broadcaster, that the programme, by ridiculing politicians and not allowing callers to present a contrary point of view, was unbalanced, inaccurate and unfair....

Decisions
Fisher and The Radio Network Ltd - 2008-114
2008-114

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 NewstalkZB – during a discussion about the vice presidential candidate for the Republican Party, Sarah Palin, one of the regular commentators stated that Ms Palin's daughter was "the town bike” and that her family was "low-rent" – broadcaster upheld complaint that the comments breached Standard 1 (good taste and decency) and Standard 7 (discrimination and denigration) – action taken by broadcaster to rectify breaches allegedly insufficient Findings Standards 1 (good taste and decency) and 7 (denigration and discrimination) – broadcaster upheld complaint under two standards and counselled host on remark – action taken by broadcaster sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Newstalk ZB, broadcast at 8....

Decisions
Clarke and The Radio Network Ltd - 2013-077
2013-077

Summary [This summary does not form part of the decision. ]During a panel discussion on the Mike Hosking Breakfast show about the government’s funding of America’s Cup campaigners, one of the panellists said ‘fucking’. She immediately apologised for the slip-up, and the other participants rebuked her in a light-hearted manner. The broadcaster upheld the complaint and counselled the panellist. The Authority found that the action taken by the broadcaster was sufficient. It noted the comment was made during a legitimate discussion about a matter of public interest, and all of the participants acknowledged at the time that the swearing was inappropriate....

Decisions
McCartain and Angus and The Radio Network Ltd - 2002-152
2002-152

ComplaintPaul Holmes Breakfast on Newstalk ZB – derogatory comment about Catholic Church and the Pope FindingsPrinciple 7 and Guideline 7a – intemperate and populist contribution to global debate – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Referring to some recent publicity about priests who were paedophiles, the host of Paul Holmes Breakfast on Newstalk ZB made some highly critical comments about the Catholic Church and the Pope, including describing the Church as rotten to its core. The comments were broadcast at about 8. 20am on 1 July 2002. [2] Kathleen and Patrick McCartain, and Irene Angus, complained to The Radio Network Ltd (TRN), the broadcaster, that while they accepted critical opinion, they did not accept comments in which their faith and beliefs were "ridiculed so blatantly"....

Decisions
Williamson and The Radio Network Ltd - 2013-088
2013-088

Summary [This summary does not form part of the decision. ]In a weekly interview segment on Mike Hosking Breakfast, Prime Minister John Key criticised the Labour Party while discussing a number of political topics. The Authority did not uphold the complaint that the host displayed political bias and let the Prime Minister criticise other parties unchallenged, without them being offered any right of reply. This segment with the Prime Minister of the day has been running for 25 years, it was transparently political advocacy, and it did not purport to be a balanced or even-handed discussion of political issues. Other politicians were also interviewed on Newstalk ZB on a regular basis. Not Upheld: Controversial Issues, Fairness, Accuracy, Responsible Programming, Discrimination and DenigrationIntroduction [1] In a weekly interview segment on Mike Hosking Breakfast, the Prime Minister John Key criticised the Labour Party while discussing a number of political topics....

Decisions
Du Fall and The Radio Network Ltd - 2014-055
2014-055

Summary [This summary does not form part of the decision. ]On Newstalk ZB on 2 April 2014, in response to a news item reporting that the average New Zealand woman weighed 72 kilograms, the host Rachel Smalley could be heard, during an advertisement break, referring to these women as ‘heifers’ and ‘a bunch of lardos’. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the comments breached standards of good taste and decency. Size or weight is not one of the specified sections of the community under the discrimination and denigration standard, the comments were off the cuff and not intended for broadcast, and the host and the broadcaster both issued public apologies....

Decisions
Eccleton and The Radio Network Ltd - 1999-177
1999-177

Summary A competition which invited listeners to relate how and at what age they had lost their virginity was broadcast on 91 ZM in Christchurch on 23 June 1999 at about 4. 30pm. Mr Eccleton complained to the station manager that by promoting the competition, the announcer was being irresponsible and cheap. He said he considered it to be "simply tacky" to promote the competition. When he did not have a response from the station within 20 working days, Mr Eccleton referred the matter to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. At the Authority’s request, the station responded to the complaint. First it advised that it had not received the original letter of complaint, and secondly, that when the second letter was referred to it, it had not treated the matter as a formal complaint....

Decisions
Zero Commission NZ Ltd and The Radio Network Ltd - 2014-126
2014-126

Summary [This summary does not form part of the decision. ]Coast FM News reported that Zero Commission ‘has been making low ball offers’ to shareholders of various companies. A majority of the Authority upheld the complaint that Zero Commission and its shareholders were treated unfairly as no opportunity was given to respond to the claims or the negative impression created. The minority did not consider the item was unfair as Zero Commission could reasonably expect some commentary from time to time that it would not like or agree with. The Authority unanimously declined to uphold the complaint that the use of the term ‘low ball’ was inaccurate as this was a subjective term, not a point of fact. The controversial issues standard was not applicable because the item focused squarely on one company, not a controversial issue of public importance....

Decisions
Milnes and The Radio Network Ltd - 2010-171
2010-171

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talk Show – radio host played excerpt from television show The View in which Fox News commentator, Bill O’Reilly, stated that the mosque near Ground Zero was “inappropriate” and that “Muslims killed us on 9/11” – radio host discussed comments – allegedly in breach of law and order, controversial issues, accuracy and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – listeners would not expect a range of balanced views from a talkback programme – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – host’s comments amounted to opinion and analysis – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of…...

Decisions
Sanders and The Radio Network Ltd - 2000-168
2000-168

ComplaintNewstalk ZB – offensive language – illegal – callous remark about shooting militia men in East Timor FindingsPrinciple 1 – flippant remark but not so offensive as to breach – no uphold Principle 2 – no uphold Principle 7 – not applicable This headnote does not form part of the decision. Summary Host Larry Williams, when listing topics for discussion on his programme, mentioned that New Zealanders had shot a militia man in East Timor, adding: "There’s plenty left to go. " This comment was broadcast during his programme on Newstalk ZB at about 4. 12pm on 27 September 2000. Mrs J K Sanders complained to The Radio Network Ltd, the broadcaster, that the host’s remark was "totally unacceptable and objectionable". In her view, the remark was contrary to the law and to standards of common decency. She requested that the station take "appropriate action" against the host....

Decisions
Macnaughtan and The Radio Network Ltd - 2013-016
2013-016

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Overnight Talkback with Bruce Russell – host and caller discussed meteorite exploding over Russia, and host made comments to the effect he would rather it happened in Russia than in New Zealand – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – host’s comments were expressed in a light-hearted and flippant manner – comments would not have offended or distressed most listeners in context – not upheld This headnote does not form part of the decision. Introduction [1] During Overnight Talkback with Bruce Russell, the host and a caller discussed a meteorite exploding over central Russia, causing a shock that smashed windows, damaged buildings and injured many people....

Decisions
KD and The Radio Network Ltd - 2002-039
2002-039

Complaint89. 8 ZM – "spot the difference" competition – complainant’s incorrect entry read – complainant identified – breach of privacy FindingsPrivacy – privacy foregone by entering competition – no uphold This headnote does not form part of the decision. Summary [1] The results of a "spot the difference" competition were broadcast on 89. 8 ZM on 11 January 2002 at approximately 4. 50pm. During the broadcast, KD’s incorrect answers and her name, city of residence and email address were read out on-air. [2] KD complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy had been breached by the broadcast. She said that the broadcast had caused her humiliation and distress. [3] The Radio Network Ltd (TRN), the broadcaster of 89. 8 ZM, did not accept that KD’s privacy had been breached in the context of a "fun competition"....

Decisions
Trigg and The Radio Network Ltd - 2004-159
2004-159

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – Larry Williams Breakfast Show – three-way discussion between host and two guests about Tuvaluan overstayer recently convicted of assaulting his wife for second time – guest made comment purporting to justify violence against women – allegedly in breach of good taste and decency – allegedly denigratory of women Findings Principle 1 (good taste and decency) – in context, no obscene language or content – not upheld Principle 7 (social responsibility) – Guideline 7a (denigration) – taken in isolation comments offensive – but in context, comments clearly not meant to be taken at face value – not upheld This headnote does not form part of the decision....

Decisions
Green Party of Aotearoa New Zealand and The Radio Network Ltd - 2009-028
2009-028

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – afternoon host made comments about Green Party MP Keith Locke – allegedly in breach of good taste and decency, and fairness standards Findings Standard 6 (fairness) – viewers would have realised comments were host’s and callers’ interpretation of Mr Locke’s stance – public figures are open to criticism – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 This headnote does not form part of the decision. Broadcast [1] During Newstalk ZB’s afternoon show, broadcast between 1pm and 4pm on 5 January 2009, the host started a discussion about Green Party MP Keith Locke, saying: Keith Locke’s another one. He’s an apologist for terrorism....

Decisions
Burridge and The Radio Network Ltd - 2001-086
2001-086

ComplaintZMFM – game – "Know Your Dairy" – denigrated foreigners – upheld by broadcaster under Principle 7 – action taken insufficient FindingsAction taken insufficient – unsatisfactory complaints procedure – warning Principle 8 – tape retention inadequate OrderBroadcast of statement This headnote does not form part of the decision. Summary A game called "Know Your Dairy" was broadcast on 91ZM on 9 April 2001. The game invited contestants to call dairy owners to ask a basic question about New Zealand. The telephone calls were then broadcast. S E Burridge complained to The Radio Network Ltd, the broadcaster, that the game was racist and xenophobic. TRN advised that the game was no longer a part of 91ZM broadcasts, and apologised to the complainant for offending her. Dissatisfied with the action taken by TRN, Miss Burridge referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Armitage and The Radio Network Ltd - 2011-093
2011-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host referred to comments by chief executive of the EMA that female workers are less productive because they take sick leave when they are menstruating – host said, “In other words, when a woman is on her rags, she calls in crook to work” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – while comment would have offended some listeners, the phrase was colloquial and referring to menstruation which is not in itself derogatory – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 9. 30pm during a talkback programme on Newstalk ZB, broadcast on the evening of 24 June 2011, the host referred to recent comments made by the chief executive of the Employers and Manufacturers Association (EMA)....

Decisions
S and The Radio Network Ltd - 1998-020
1998-020

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-020 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by S of Christchurch Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Keesing and The Radio Network Ltd - 2009-006
2009-006

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported that Nicholas Keesing undertook an election smear campaign “to get revenge” – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld complaint under Standards 5 and 6 – action taken allegedly insufficient Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) and Standard 6 (fairness) – broadcaster upheld complaint under two standards and offered corrective statement – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A news item broadcast on Newstalk ZB at 12pm on 23 November 2008 reported that “Newstalk ZB can now reveal what lies at the bottom of a smear campaign, in one of the country’s key electorates during the Election....

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