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Decisions
Smith and The Radio Network Ltd - 2002-188
2002-188

ComplaintNewstalk ZB – host Leighton Smith – caller used word "mongrel" to describe bad parents – denied it was a racist interpretation – offensive language – racist FindingsPrinciple 1 – context – no uphold Principle 7 – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Parenting was one of the topics discussed on the Leighton Smith Morning Show on 27 August 2002 in view of some murders committed recently by young people. One caller said that "two mongrel dogs" would produce "a mongrel pup", and that it was illegal to "beat that mongrel out of the pup". The Leighton Smith Morning Show is broadcast by TRN each weekday between 8. 30am – midday via the Newstalk ZB network. It is a talkback programme hosted by Leighton Smith....

Decisions
Scarlett and The Radio Network Ltd - 2014-059
2014-059

Summary [This summary does not form part of the decision. ]During Canterbury Mornings with Chris Lynch, the host expressed frustration with the length of time it had taken police to decide whether to proceed with criminal investigations in relation to the collapse of the CTV building in the Christchurch earthquake. He said, ‘for Christ’s sake, police, you can do better than this’. The Authority did not uphold the complaint that the use of the word ‘Christ’ breached standards. The use of ‘Christ’ as an exclamation to express surprise or dismay has become an accepted part of colloquial speech and would not have offended most listeners. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During Canterbury Mornings with Chris Lynch, the host discussed the progress of an investigation into the collapse of the CTV building in the February 2012 Christchurch earthquake....

Decisions
Stitt and The Radio Network Ltd - 2011-151
2011-151

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989 New Zealand First Election Advertisement – stated that “only Winston and New Zealand First can save the foreshore and seabed for our family” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – statement was clearly opinion and promotion of New Zealand First policy – guideline 5a to Standard 5 exempts opinion from standards of accuracy – election programmes broadcast in robust political environment and listeners would have interpreted the advertisement accordingly – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for New Zealand First was broadcast on Newstalk ZB on 21 November 2011 at approximately 10. 40pm....

Decisions
Lowery and The Radio Network Ltd - 2004-055
2004-055

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – news item – question in Parliament about National Party leader Dr Brash’s previous interest in Treaty of Waitangi and racial issues – impression said to be left that he had never raised such concerns previously – allegedly inaccurateFindings Principle 6 (accuracy) – news item showed leader of New Zealand First and the Prime Minister “ganging up” on leader of the National Party – Parliamentary question reported accurately – not upheld This headnote does not form part of the decision. Broadcast [1] A question in Parliament from the leader of New Zealand First to the Prime Minister about the leader of the National Party’s previous concerns about the Treaty of Waitangi and race issues, before his recent Orewa speech, was the lead item on the news on Newstalk ZB broadcast at 5. 00pm on Wednesday 25 February 2004....

Decisions
Calver and The Radio Network Ltd - 1999-065
1999-065

Summary A song entitled Closer by the group Nine Inch Nails which was broadcast by 9inety6ixdot1 on 2 February 1999 at around 5pm contained the lyrics "I want to fuck you like an animal". Mr Calver of Auckland complained to 9inety6ixdot1, the broadcaster, that the lyrics were inappropriate to be broadcast, as they offended against the observance of good taste and decency. He also complained that the lyrics had "connotations of a certain level of violence" which was inappropriate for the time of the day the song was broadcast. 9inety6ixdot1 denied that the lyric "I want to fuck you like an animal" encouraged violence. It contended that the lyric "must be read – and heard – in relation to the station’s intended audience" and, therefore, that it complied with the good taste standard in the context of its audience....

Decisions
Arnold and The Radio Network Ltd - 2004-045
2004-045

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

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
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....

Decisions
R and The Radio Network Ltd - 1999-031
1999-031

SummaryIn the context of a discussion about driving habits on Newstalk ZB on the morning of 14 January 1999, the show’s host described how that morning he was passed at speed by a car which then crossed all three lanes to exit from the motorway. He identified the car by its personalised license plate, saying it was lucky there was not much traffic on the road as that sort of driving contributed to disaster on the roads. R, owner of the car, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast was abusive and an invasion of his privacy. He denied that he had been driving dangerously, and pointed out that the alleged incident occurred at about 6. 15am when no other vehicles were in sight....

Decisions
Whitla and The Radio Network Ltd - 2004-104
2004-104

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – comment about recent pack rape allegations against Australian rugby league players – host described women who attended parties with rugby league players as “moles” and suggested that they were asking for trouble – allegedly denigrated womenFindings Standard 7 – Guideline 7a (discrimination and denigration) – comment encouraged denigration of women who socialise with rugby league players – not a genuine expression of serious comment – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] At about 7. 55am on 2 April 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented on recent pack rape allegations against a team of Australian rugby league players....

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
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
Fippard and The Radio Network Ltd - 2005-019
2005-019

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback discussion on the Queen’s refusal to attend the civil wedding ceremony for the Prince of Wales – host said “she’s a heartless wench through and through” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – comment light-hearted expression of opinion – no obscene language – not upheldThis headnote does not form part of the decision Broadcast [1] The subject of whether the Queen would attend the wedding of Prince Charles and Camilla Parker-Bowles was discussed on the Newstalk ZB talkback programme at approximately 10. 30pm on 23 February 2005. A male caller explained that, while the Queen would attend the religious blessing of the couple, she could not attend the civil wedding ceremony. The host ended the conversation saying “she’s a heartless wench through and through”....

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
Towers and The Radio Network Ltd - 2011-036
2011-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host used the phrase “whack-job Christians” – allegedly in breach of standards relating to discrimination and denigration FindingsStandard 7 (discrimination and denigration) – host used the phrase “whack-job Christians” to convey his personal opinion – comment lacked the necessary invective to reach threshold for encouraging discrimination against or denigration of Christians – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Newstalk ZB broadcast on the morning of Friday 4 February 2011, the host stated: I voted for [MP’s name] before he got involved with all those ‘whack-job’ Christians and stuff, back when he was that middle class, middle of the road family man and he was on the verge of getting the five percent....

Decisions
Bristow and The Radio Network Ltd - 1999-114
1999-114

Summary The forthcoming wedding of Sophie Rhys Jones and Prince Edward was discussed on Saturday morning 19 June 1999 by the presenter of Newstalk ZB (Pam Corkery) and a British Correspondent. To the correspondent’s comment that the colour of the wedding dress was coffee, the presenter remarked: "What a slut". Ms Bristow complained to The Radio Network Ltd, the broadcaster, that the remark was offensive and inappropriate. In response, TRN maintained that the vernacular and colloquial language was acceptable when used by a presenter who was well-known for her colourful language. It declined to uphold her complaint. Dissatisfied with TRN’s decision, Ms Bristow referred her 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
Imlach and The Radio Network Ltd - 2007-006
2007-006

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback – complainant expressed opposition to proposal for crematorium in Waikanae – host frequently interrupted with questions and criticisms – allegedly in breach of good taste and decency, unbalanced, unfair, and denigrated the elderly Findings Principle 1 (good taste and decency) – not applicable – not upheld Principle 4 (balance) – range of views advanced – not upheld Principle 5 (fairness) – not unfair in robust talkback environment – not upheld Principle 7 and guideline 7a (denigration) – not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] The proposal to build a crematorium in central Waikanae was an issue on the talkback session hosted by Justin du Fresne on Newstalk ZB on the morning of 4 December 2006....

Decisions
Ross, on behalf of the Auckland Jewish Council, and The Radio Network Ltd - 2001-044
2001-044

ComplaintNewstalk ZB – Paul Holmes’ Breakfast Show – commentary on Ariel Sharon’s visit to Temple Mount – commentary on Middle East situation – unbalanced – inaccurate – socially irresponsible FindingsPrinciple 4 – editorial piece – other significant points of view presented in period of current interest – no uphold Principle 6 – clearly presenter’s opinion – comments not presented as fact – no uphold Principle 7 – not denigratory to extent envisaged by principle – no uphold This headnote does not form part of the decision. Summary In an item on Paul Holmes’ Breakfast Show, broadcast on Newstalk ZB on 16 October 2000, the presenter commented on the Middle East situation. The presenter described Mr Ariel Sharon as a "dreadful beast" and as "mad, cynical [and] Arab-hating....

Decisions
Barrow and The Radio Network Ltd - 2000-020
2000-020

Summary"You and me baby, we ain’t nothing but mammals, so let’s do it like they do on the Discovery Channel" is a line from a song by The Bloodhound Gang played on 91 ZM on 20 November 1999 at 7. 45am. Vaughan and Diane Barrow complained to The Radio Network Ltd, the broadcaster, that the lyrics of the song breached current norms of decency and good taste, were harmful to children, and transgressed broadcasters’ obligation to be socially responsible. The Radio Network considered the complaint only under the good taste standard and, noting that the song contained innuendo and double entendres, argued that such content was nevertheless the norm for music targeted at youth. It noted that the song had had heavy airplay for at least three months and that it had received no other complaint about its content. It declined to uphold the complaint....

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