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Robbins and Bright and The Beach 94.6FM - 2004-108, 2004-109, 2004-110, 2004-111
2004-108–111

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

Decisions
Duggan and The Radio Network Ltd - 2004-086
2004-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to streaking incident during rugby game – host commented that streaker used baby oil “no doubt to prepare himself for the police baton” – alleged breach of good taste and decency, balance, fairness and accuracyFindings Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – does not apply to editorial/opinion pieces – not upheld Principle 7 – Guideline 7a (denigration) – police not denigrated – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 8. 00am on 23 March 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented about a streaker incident which occurred during a Super 12 Rugby game at Hamilton Park....

Decisions
Wolf and The Radio Network Ltd - 2004-089
2004-089

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....

Decisions
Shenken and The Radio Network Ltd - 2004-071
2004-071

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – Israeli Prime Minister described as the “butcher Sharon” – allegedly offensive, unbalanced, unfair and incited racial disharmonyFindings Principle 1 (good taste and decency) – editorial context – not upheld Principle 4 (balance) – does not apply to opinion pieces – not upheld Principle 5 (unfair) – acceptable opinion – not upheld Principle 7 and Guideline 7a (encouraged discrimination) – not racial epithet – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 7. 45am on 23 March 2004, the host of Paul Holmes Breakfast on Newstalk ZB, Paul Holmes, commented about the killing by the Israelis of Hamas leader Sheikh Ahmed Yassin. Among other critical remarks, the host described the Prime Minister of Israel as “the butcher Sharon”....

Decisions
GAP – The Business and Professionals Association Inc and The RadioWorks Ltd - 2004-065, 2004-066
2004-065–066

Complaint under s. 8(1)(b) of the Broadcasting Act 1989 Complaints about two broadcasts on Radio Pacific (Mark Bennett talkback) – critical comments by host about Premier House function for actor Sir Ian McKellen – both broadcasts allegedly discriminatory – second broadcast allegedly unbalancedFindings Principle 7, Guideline 7a (discrimination) – comments did not encourage discrimination against homosexuals – not upheldPrinciple 4 (balance) – no controversial issue of public importance discussed in second broadcast – not upheld Broadcasting Act, s. 5(a) – proper procedure for dealing with complaints not followedThis headnote does not form part of the decision. Broadcast[1] On 2 December 2003 at about 3. 30pm, Radio Pacific talkback host Mark Bennett spoke critically about a reception for actor Sir Ian McKellen, which had been held at Premier House....

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
Klaassen and Television New Zealand Ltd - 2004-046
2004-046

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Believe Nothing – comedy – reference to cannibalism and consuming body and blood of Jesus Christ – allegedly offensive – allegedly discriminated against CatholicismFindings Standard 1 (good taste and decency) and Guideline 1a – context – standard not threatened – not upheld Standard 6 (fairness) and Guideline 6g (discrimination) – context and satirical series – no discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] Believe Nothing is a satirical series lampooning aspects of British and Western culture, constructed around the character of Adonis Cnut played by comedian Rick Mayall. The episode broadcast on TV One at 10. 40pm on 11 January 2004 used Hannibal Lechter imagery and involved references to cannibalism and church practices. Complaint [2] Bert Klaassen complained formally to Television New Zealand Ltd, the broadcaster, about aspects of the programme....

Decisions
Mainland Television Ltd and The Radio Network Ltd - 2004-033
2004-033

Complaint Classic Hits 89. 4FM Nelson - content of Nelson’s Mainland Television described as “crap” – offensive and unacceptable Findings Principle 7 – not applicable Principle 1 – not offensive in context – not upheld Principle 5 – humorous editorial comment was not unfair – not upheldThis headnote does not form part of the decision Summary [1] A news report that a city (Oslo) was offering trips through the sewer system as a tourist attraction was read on Classic Hits 89. 4FM in Nelson at about 7. 25am on Thursday 11 December 2003. The announcer added that, in Nelson, Mainland TV offered “four channels of crap all the time”. [2] On behalf of Mainland Television Ltd, the Managing Director (Gary Watson) complained to The Radio Network Ltd, the broadcaster, that the comment was offensive and unacceptable....

Decisions
Gardiner and RadioWorks Ltd - 2004-035
2004-035

Complaint Radio Pacific – talkback host Mark Bennett – critical of appointment of gay or lesbian police liaison officer – comments said to encourage denigration – inaccurate – unfairFindings Principle 7 and Guideline 7a – odious comment – obsolete stereotypes – comparators used displayed illegal behaviour – high threshold for breach not attainedPrinciple 5 and Guideline 5c – not applicable – not upheldPrinciple 6 and Guideline 6c – not applicable – not upheld This headnote does not form part of the decision Summary[1] The appointment of a gay and lesbian police liaison officer in Hamilton was the subject of critical comment by the host (Mark Bennett) in a broadcast on Radio Pacific talkback. The comments were broadcast at about 3. 15pm on Wednesday 15 October 2003....

Decisions
Clayton and Triangle Television Ltd - 2004-001
2004-001

ComplaintVoice of Islam – comments about homosexuality and AIDS – discrimination/denigration – incited hatred, intolerance and violence toward homosexualsFindingsStandard 6 and Guideline 6g – hate speech – encouraged discrimination and denigration – upheldNo OrderThis headnote does not form part of the Decision Summary [1] A lecture titled “Challenges Facing Muslims in the New Millennium” was broadcast on Voice of Islam on Triangle Television between 3. 00pm and 4. 00pm on Monday 29 September 2003. [2] Mr Clayton complained to Triangle Television Ltd, the broadcaster, that the programme included comments which incited hatred and intolerance toward homosexuals. [3] Triangle Television maintained that broadcasting standards were not breached, as Standard 6 of the Television Code allowed for the broadcast of “genuinely held opinion”. [4] Dissatisfied with Triangle Television's decision, Mr Clayton referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Smith and 9 Others and The Radio Network Ltd - 2003-174–2003-183
2003-174–183

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

Decisions
Cassidy and The Radio Network Ltd - 2003-173
2003-173

ComplaintNewstalk ZB – Larry Williams Drive Show – interview with General Manager of Mitsubishi Motors on sponsorship withdrawal from the Holmes television programme – host allegedly trivialised Holmes’ comments on Kofi Annan – host’s comments allegedly racist FindingsPrinciple 7 Guideline 7a – legitimate interview – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Larry Williams, the host of the Larry Williams Drive Show on Newstalk ZB, interviewed the General Manager of Mitsubishi Motors on its sponsorship withdrawal from the Holmes television programme. The host commented critically on the reasons for the withdrawal and then received four calls from the public, all of whom condemned Mitsubishi’s decision. [2] Milton Cassidy complained to The Radio Network Ltd, the broadcaster, that Larry William’s comments trivialised the racist comments made by Paul Holmes about Kofi Annan....

Decisions
Grover and The Radio Network Ltd - 2003-133
2003-133

ComplaintNewstalk ZB – Larry Williams Show – political commentator used term “house niggers”– offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no upholdThis headnote does not form part of the decision. Summary [1] During a broadcast of the Larry Williams Show on Newstalk ZB, Barry Soper, a political commentator, referred to a comment made by Titewhai Harawira, a Maori political activist. The commentator recalled that the activist had referred to Maori Members of Parliament as “house niggers”. The broadcast occurred shortly before 5. 00pm on 16 September 2003. [2] Barbara Grover complained to The Radio Network Ltd (TRN), the broadcaster, that the comment was offensive, compromised the integrity of current affairs and encouraged denigration. [3] TRN declined to uphold the complaint....

Decisions
Grover and The Radio Network Ltd - 2003-134
2003-134

ComplaintNewstalk ZB – Paul Holmes Breakfast – host used term “house niggers” – offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no uphold This headnote does not form part of the decision. Summary [1] During an interview with the Prime Minister, Paul Holmes, as the host of the Paul Holmes Breakfast on Newstalk ZB, referred to a comment made by Titewhai Harawira, a Maori political activist. The host said that the Government’s Maori Members of Parliament had been referred to as “house niggers” and asked a question related to the comment. The comment was broadcast at around 7. 40am on 3 September 2003....

Decisions
Craig and The Radio Network Ltd - 2003-132
2003-132

ComplaintNewstalk ZB – Paul Holmes Breakfast – Advertising Standards Complaints Board upheld a complaint about a Levi jeans advertisement – host critical of what he regarded as religious bigotry – socially irresponsible – unbalanced – inaccurate FindingsPrinciple 4 – not applicable – no uphold Principle 6 – not applicable – no uphold Principle 7 – satire – no uphold This headnote does not form part of the decision. Summary [1] Paul Holmes, as the host of Paul Holmes Breakfast on Newstalk ZB, was highly critical of religious bigotry which, he contended, was the motivation for some people to complain about a television advertisement for Levi jeans. He expressed the view, by way of comment, in a broadcast shortly before 8. 00am on 27 August 2003. [2] Ross Craig complained to The Radio Network Ltd, the broadcaster, that the comments lacked balance, fairness and accuracy....

Decisions
Hydrabadi and Radio Tarana (NZ) Ltd - 2003-128
2003-128

ComplaintRadio Tarana – Saheri Programme – comments made about presenter of another programme broadcast by Radio Tarana – Aaj Juma Hai – comments unfair and derogatory FindingsPrinciple 5 – no tape available – decline to determine Principle 7 – no tape available – decline to determine This headnote does not form part of the decision. Summary [1] A difference in religious observance as to whether, after a Muslim person dies, dates and times needed to be fixed for making supplications was aired on programmes broadcast on Radio Tarana in November 2002. On the Saheri programme, a Muslim priest stated that dates and times did not need to be fixed. The contrary view was advanced on the Aaj Juma Hai programme broadcast on 15 November, sponsored by the New Zealand Milad Committee and presented by Mr Mujeeb Sayed Hydrabadi....

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
Nelson and The Radio Network Ltd - 2003-120
2003-120

ComplaintLeighton Smith Morning Show – Newstalk ZB – interview with Chuck Missler – evangelist from United States – advanced prophecies from the Bible including some predictions about the Antichrist – inaccurate – unfair – unbalanced – encouraged discrimination FindingsPrinciple 4 – sufficient opportunities for balance – no uphold Principle 6 – not inaccurate – no uphold Principle 7 – denigration did not breach threshold – no upholdThis headnote does not form part of the decision. Summary [1] American evangelist, Chuck Missler, was a guest on the Leighton Smith Morning Show, broadcast on Newstalk ZB, between 10–11am on 18 July 2003. In response to questions from the host and from listeners, Mr Missler spoke about the Antichrist and other predictions in the Bible....

Decisions
Swale and Television New Zealand Ltd - 2003-098
2003-098

ComplaintLexus Sunday Theatre: Hound of the Baskervilles – Promo – Jesus Christ – blasphemy FindingsStandard 1 and Guideline 1a – context – no uphold Standard 6 and Guideline 6a – did not encourage denigration – no uphold This headnote does not form part of the decision. Summary [1] "Jesus Christ" was the phrase uttered by a character shown in the promo for The Hound of the Baskervilles. The promo for the Sherlock Holmes drama, to be screened on "Lexus Sunday Theatre", was broadcast on TV One at about 7. 15pm on 31 May 2003. [2] Evan Swale complained to Television New Zealand Ltd, the broadcaster, that use of the phrase "Jesus Christ" was denigratory, and insulting and offensive. [3] In response, TVNZ acknowledged that the use of the phrase in that way could cause offence to devout Christians....

Decisions
Chand and Triangle Television Ltd - 2003-104, 2003-105
2003-104–105

ComplaintVoice of Islam – comments by converts to Islam – denigration of Hindu and Christian communities on account of faith FindingsStandard 6 and Guideline 6g – genuinely held opinion – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] The Voice of Islam is a weekly two-hour programme, broadcast by Triangle Television on Saturdays at 11pm and repeated the following Monday. The programme on Saturday 21 June 2003 included a personal account of the conversion of two men to Islam, one from the Hindu faith, the other Jewish. [2] Rakesh Chand complained to Triangle Television Ltd, the broadcaster, that during the accounts of their conversion, the two men used disparaging language to describe other religions and their deities....