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Complaint under section 8(1A) of the Broadcasting Act 1989 The Breeze – host revealed the fact that he and his wife had separated during the Christmas holiday break – statement included wife’s first name – allegedly in breach of privacy Findings Standard 3 (privacy) – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on The Breeze, broadcast between 6am and 6. 30am on Monday 19 January 2009, the host revealed to listeners that he and his wife had separated during the Christmas holiday break. The host disclosed his wife’s first name. Referral to the Authority [2] Barbara White lodged a privacy complaint about the broadcast with the Authority under section 8(1A) of the Broadcasting Act 1989....

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 Channel Z – broadcast of phone call to elderly woman about family member in lingerie advertisement – invasion of privacy – offensive FindingsContent of broadcast unclear – no tape provided – unable to determine complaint – decline to determine – warning about unsatisfactory complaints procedure This headnote does not form part of the decision. Summary An announcer on Channel Z telephoned an elderly woman and asked her about the fact that her granddaughter had appeared in a lingerie commercial about ten years previously. This interview was broadcast on Channel Z at around 6. 30pm on 6 May 2000. Rory MacDonald complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the woman’s privacy. He maintained that the announcer’s questions had been provocative and distasteful and said he considered that they would have been highly offensive to the interviewee....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host broadcast phone calls recorded at 3. 30am Australian time to Australian residents with horse racing-related surnames to ask for betting tips for the Melbourne Cup – allegedly in breach of privacy and good taste and decency Findings Standard 1 (good taste and decency) – childish prank intended to be humorous – did not threaten standards of good taste and decency – not upheld Standard 3 (privacy) – people phoned were not identifiable – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] During The Edge Morning Madhouse, broadcast on The Edge on the morning of Tuesday 3 November, one of the hosts noted that the Melbourne Cup was “the race that stops the nation”, but questioned whether it might be “the race that wakes the nation”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Michael Laws Talkback – host spoke about shooting journalists – allegedly in breach of good taste and decency, law and order, and violence standards Findings Standard 1 (good taste and decency) – specific nature of the comments had clear potential to distress and offend, whether or not they were intended to be taken literally – upheld by majority Standard 2 (law and order) – host was not seriously encouraging listeners to shoot journalists – not upheld No Order This headnote does not form part of the decision. Background [1] Talkback radio is an important part of broadcasting in New Zealand and has been for a long time. Research which we have conducted has shown that about one-third of the adult population in New Zealand listens to talkback radio from time to time. 1 They do so for different reasons....

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host referred to George Michael as a “homo” – allegedly in breach of discrimination and denigration FindingsStandard 7 (discrimination and denigration) – standard applies to sections of the community – host’s comment did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During The Edge Morning Madhouse programme, broadcast on The Edge on the morning of Friday 5 February 2010, one of the hosts, Dom, had to guess which celebrity his co-host and wife, JJ, would leave him for. Dom’s guess was incorrect, but JJ’s best friend guessed correctly that JJ was thinking of singer George Michael. Dom remarked, “But he’s a homo! ” and JJ responded, “I know he’s gay, but if he went straight I’d so be there”....

Complaint under section 8(1)(c) of the Broadcasting Act 1989 The Edge – anonymous caller revealed that named person had visited a medical clinic – disclosed confidential medical details – allegedly in breach of privacyFindings Principle 3 (privacy) – highly offensive disclosure of private facts – upheldOrder Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $2,067 Section 16(4) – payment of costs to the Crown $5,000This headnote does not form part of the decision. Broadcast[1] On the afternoon of Monday 9 October 2006, the hosts on The Edge radio station stated that they had “a bit of inside goss” from an anonymous caller who had previously worked at a medical centre for two weeks. The hosts asked “are you breaking patient confidentiality here or something? ” to which the caller laughed....

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....

ComplaintThe Morning Rumble – toilet humour – offensive behaviour FindingsPrinciple 1 – borderline – majority – no uphold This headnote does not form part of the decision. Summary During "The Morning Rumble", the announcers read out an item called "How to Shite Like A Man". It was broadcast on The Rock on the morning of 21 March 2000. Margaret and Hugh Kingsford complained to The RadioWorks Ltd, the broadcaster, that the item contained "the most disgusting subject matter [they had] ever heard". The RadioWorks responded that although the item was "somewhat tasteless" and might have been better suited to broadcast at a later time in the day, it was a serious attempt at humour. It added that the content and language used was commonplace among the station’s target audience of 18 to 34 year old males. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 The Edge – broadcast conversation with listener – hosts had told listener that she was not on air – broadcast her cellphone number – listener complained that broadcast breached her privacy and was unfair – broadcaster upheld the complaint – action taken allegedly insufficient Findings Standard 3 (privacy) – action taken insufficient – upheld Standard 6 (fairness) – action taken insufficient – upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,500 This headnote does not form part of the decision. Broadcast [1] On Wednesday 27 August 2008 on The Edge radio station, a telephone conversation between the hosts and a listener was broadcast between 5pm and 6pm. The listener expressed concern that the hosts were making inappropriate remarks about people from other countries, such as India and America....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments about the complainant in relation to discussion about whether tobacco should be phased out as a legal product – allegedly in breach of privacy, inaccurate and unfair Findings Standard 5 (accuracy) – subsumed into consideration of Standard 6 Standard 6 (fairness) – not necessary to inform the complainant he would be referred to on the programme – host misrepresented complainant's views when he told listeners that the complainant believes smoking is a “Pakeha plot to kill Māori” and tells his clients that –complainant’s personal and professional reputation affected – unfair – upheld Standard 3 (privacy) – complainant was identifiable – complainant did not have reasonable expectation email correspondence would remain private when aware of the host’s media role – no private facts disclosed – not upheld This headnote does not form part of the decision.…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT – hosts interviewed the Prime Minister by telephone – one host joked that they were doing a phone interview because the Prime Minister used to suffer from polio and could not travel to the studio – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comments obtuse and clumsy – attempt at humour – comments intended to rib Prime Minister and did not extend to all people who suffered from polio or immobility – within broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] During the Willie and JT programme, broadcast on Radio Live on the afternoon of 8 February 2011, the hosts Willie and JT discussed an imminent telephone interview with the Prime Minister John Key....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host commented that Māori Television had complained to the BSA about comments he had made in an earlier broadcast – referred to Māori Television as “racist, separatist, and apartheid” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly opinion – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “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. Broadcast[1] On 16 June 2006 on Radio Pacific at approximately 6. 10am, the host John Banks commented that Māori Television had complained to the Broadcasting Standards Authority about comments he had made in an earlier broadcast....

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....