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ComplaintRadio Pacific – news item about woman swept away in a flood – news reader laughed – offensiveFindingsPrinciple 1 – style of delivery of item offensive – apology inadequate – upholdNo OrderThis headnote does not form part of the decision. Summary[1] A news item on Radio Pacific dealt with a woman who was swept away during a flood. The newsreader laughed as he read the item. [2] Glen Lee complained to The RadioWorks Ltd, the broadcaster, that laughter during an item about a human tragedy was offensive. [3] In response, The RadioWorks acknowledged that the item had been accompanied by laughter. It said that the hilarity followed a joke which had been told off-air during a preceding commercial break. However, it added, immediately after the laughter, an announcer apologised. [4] Dissatisfied with the broadcaster's response, Mr Lee referred the complaint to the Broadcasting Standards Authority under s....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Edge – host prank called the National Poison Centre pretending that a friend had ingested window cleaner – allegedly in breach of social responsibility standard Findings Principle 7 (social responsibility) – the prank call wasted the Centre’s time and resources – the hosts knew that they did not require assistance from the Centre – the prank call was socially irresponsible – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item called “Win Dom’s Money” broadcast on The Edge at 8am on 9 August 2007, involved a radio personality named Chang being dared to drink a shot glass of glass cleaner for $60. Before the hosts allowed Chang to drink the shot, one of them rang a phone number located on the back of the bottle of glass cleaner....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Consumer Affairs, Radio Pacific – interview with Steve Crowe – covered a range of aspects of the adult entertainment industry – complainant alleged content was crass and morally reprehensible – allegedly in breach of good taste and decency, balance and social responsibility Findings Principle 1 (good taste and decency) – tone of discussion matter of fact – item broadcast at midday – show targeted at an adult audience – not upheldPrinciple 4 (balance) – item did not deal with a controversial issue of public importance – balance requirement did not apply – not upheldPrinciple 7 (social responsibility) – item did not encourage denigration – unlikely that children would have been listening – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Solid Gold Radio – announcement that station going off-air due to “atmospheric conditions” – allegedly inaccurateFindingsPrinciple 5 (accuracy) – accuracy principle does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] On 8 September 2005 at 11. 40am, Solid Gold FM advised listeners that programmes would be interrupted at midday due to “atmospheric conditions”. Complaint [2] Mr Pearson complained that the event causing the interruption was a “sun transit”, and the announcement was inaccurate. Principles [3] CanWest did not assess the complaint with reference to the Radio Code of Broadcasting Practice. Broadcaster's Response to the Complainant [4] CanWest asserted that the announcer was simply acknowledging the interruption to the programme. It maintained that there was no need for the announcer to give a more detailed description....

Complaint under section 8(1A) of the Broadcasting Act 1989Marcus Lush Breakfast Show – host disclosed the street address of the house where the television programme Outrageous Fortune was filmed – allegedly in breach of privacy Findings Principle 3 (privacy) – no “identifiable individual” – right to privacy attached to the individual not to the house – not upheld This headnote does not form part of the decision. Broadcast [1] During the Marcus Lush Breakfast Show, broadcast on Radio Live on the morning of 11 February 2008, the radio host discussed the lack of famous film and television set locations in New Zealand that people can visit and pay homage to. He told viewers that he had received an email informing him of the street address of the house used as the fictional West family’s residence in the television programme Outrageous Fortune. [2] At approximately 8....

SummaryThe morning broadcast on The Rock on 14 July 1999, included a "joke" about an Indian superette owner and his Pakistani worker. Mr Yousef complained to The RadioWorks, the broadcaster, that the joke was offensive and demeaning. He considered that the joke was both in bad taste and cast a "racial and religious slur". The broadcaster responded that the show was targeted at an audience of males aged between 18-39 years and that its style appealed to large numbers of that group. In the broadcaster’s view, those people were entitled to their own radio station which reflected their values, language and attitudes. The RadioWorks declined to uphold the complaint. Dissatisfied with the broadcaster’s decision, Mr Yousef referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority upholds the complaint....

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....

ComplaintRadio Pacific – talkback – comment about interest rates – host Mark Bennett – inaccurateFindingsPrinciple 6 – reference to economy or chronology – two possible interpretations – majority – no upholdThis headnote does not form part of the decision. SummaryWhen referring to the third recent interest rate cut in Australia, a talkback host on Radio Pacific (Mark Bennett) expressed his disgust that rates in New Zealand, until recently, had gone up. He considered that the Reserve Bank Governor’s concern about inflation had meant that New Zealand was out of step with Australia, America and Japan. The comments were made at about 6. 15pm on 21 March 2001. The Reserve Bank of New Zealand complained to The RadioWorks New Zealand Ltd, the broadcaster of Radio Pacific, that, as there had been no change to the interest rate between July 2000 and March 2001, the comment was inaccurate....

ComplaintThe Edge – announcer makes anonymous call to woman – purports to be buying magazines – says has fetish for "shirtless Papua New Guinea women" – threatening and offensive – breach of good taste and decency FindingsPrinciple 1 – sinister – threatening – breach of good taste and decency – uphold OrderBroadcast of summary – costs of $500 to Crown This headnote does not form part of the decision. Summary [1] During a broadcast on The Edge on 17 October 2001 between 9. 30am and 10. 00am, one of the announcers telephoned a woman who was advertising National Geographic magazines, purporting to be a potential buyer. He told the woman he had a fetish for "topless Papua New Guinea women" and requested copies of the magazines carrying such pictures....

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…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Solid Gold FM breakfast show – host told joke about an Indian person who is greeted at the gates of heaven by an angel who shouts “Jesus, your taxi’s here” – complainant felt joke dehumanised Indian people and was racist – allegedly in breach of social responsibility standardFindingsPrinciple 7 and guideline 7a – joke did not encourage discrimination against or denigration of Indian people – not upheldThis headnote does not form part of the decision Broadcast [1] On the morning of 27 March 2006, the host of the Solid Gold FM breakfast show made the following joke after saying “I think it’s funny, I hope it doesn’t offend you”: [2] An Indian goes up to heaven, and the angel at the gates says “Yes, what do you want? ”, and the Indian says “I’m here for Jesus!...

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

ComplaintRadio Pacific talkback – (1) racist remarks – offensive language; (2) denigrated Maori FindingsNo tape provided – unable to determine complaint on merits Principle 8 – relevantOrderCosts of $250 to the complainant This headnote does not form part of the decision. Summary Talkback host John Banks was reported to have made critical references to the contribution by Maori to the millennium celebrations in New Zealand in a programme broadcast on Radio Pacific on 17 January 2000 between 8. 15–8. 50am. Hohepa Campbell complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the host’s comments were offensive and anti-Maori and incited racial disharmony. As he did not receive a response from The RadioWorks within the statutory time frame, he referred the matter to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert & Jono’s Drive Show – host told personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself – story intended to be humorous – host used the term “mental” to refer to people with intellectual disabilities – allegedly in breach of standards relating to good taste and decency, fairness and discrimination and denigrationFindingsStandard 1 (good taste and decency) – story was conveyed in a light-hearted manner – the term “mental” in reference to people with intellectual disabilities was used without malice or invective – co-host made mitigating comments – host also made comments that were positive towards people with intellectual disabilities – not upheldStandard 7 (discrimination and denigration) – comments did not amount to hate speech or vitriol and the story was told without malice – did not encourage the denigration of, or discrimination against,…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live talkback – complainant strongly criticised the host’s approach in an interview with Georgina te Heuheu MP – after some two minutes of uninterrupted comment, the host cut off caller and, while declining to identify her, said that she had her own agendas and that she shouldn’t ring because it wasn’t appropriate for her to call talkback – broadcaster’s approach allegedly unbalanced, unfair and inaccurateFindingsPrinciple 4 (balance) – complainant’s criticism of host and host’s criticism of complainant were not controversial issues of public importance - standard does not apply – not upheldPrinciple 5 (fairness) – host’s critical response to experienced caller’s criticisms in robust talkback environment not unfair – not upheldPrinciple 6 (accuracy) – standard does not apply as exchange was neither news nor current affairs – not upheldThis headnote does not form part of the decision....

ComplaintRadio Pacific – Morning Grill – offensive remarks about the Queen FindingsPrinciple 1 – contextual matters – no uphold Principle 7 – no denigration or discrimination – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] On the Morning Grill programme broadcast by Radio Pacific on 2 August 2002 at approximately 6. 04am, the presenters (Pam Corkery and Paul Henry) discussed the Queen’s recent visit to a mosque in Britain. The presenters focused on the fact that entry into the mosque required the Queen to remove her shoes. [2] H B McMeekin complained to The RadioWorks Ltd, the broadcaster, that the presenters’ comments were "insulting, gratuitous, and ageist". [3] In declining to uphold the complaint, the broadcaster submitted that the comments complained about were "lighthearted and were not intended to be offensive....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

Complaints under section 8(1C) of the Broadcasting Act 1989Talkback with Michael Laws – host compared the All Whites to disabled athletes and their win of supreme Halberg trophy to awarding disabled sports award – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – talkback radio a robust environment – host’s comments amounted to opinion – discussed legitimate issue – did not encourage discrimination against or denigration of disabled athletes or people with disabilities – not upheld This headnote does not form part of the decision....