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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(1)(a) of the Broadcasting Act 1989Radio Live – host likened the appearance of a talent show contestant to that of a person suffering from an intellectual disability – allegedly in breach of good taste and decency and social responsibility standards Findings Principle 7 (social responsibility) – host’s comments intended to be positive – item lacked necessary invective to amount to encouraging denigration – not upheld Principle 1 (good taste and decency) – host had no intention to insult or offend – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Radio Live on 27 August 2007 discussed a British talent show contestant named Paul Potts and his rapid rise to fame after his singing audition on the programme “Britain’s Got Talent”....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – criticised comments made by the Fire Service after a house fire in which four children died – called Fire Service spokespeople “cocks”, “idiots”, “morons”, “arseholes” – allegedly unfair Findings Standard 6 (fairness) – comments went beyond criticising firemen’s actions in professional capacity – sustained personal abuse of individuals – unfair – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] The Michael Laws Talkback programme was broadcast between 9am and 12 noon on Wednesday 7 January 2009. The host’s topic for the day was a house fire in Mangere in which four children had died and two adults were seriously injured....

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…...

Te Raumawhitu Kupenga 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 New Zealand First Election Advertisement – child stated, “My mum and dad are voting for New Zealand First. They say that Winston will give us a fair go” – allegedly in breach of responsible programming standardFindings Standard E1 (election programmes subject to other Codes) – Standard 8 (responsible programming) of the Radio Code – advertisement broadcast in robust political environment during lead-up to the election – reasonable listeners would understand that children are under the legal age to vote – complaint does not raise any issues of broadcasting standards which warrant our consideration – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision....

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 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....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Complaint The Edge – caller to station advised that she had unwittingly committed incest and sought assistance with advising half-brother – caller telephoned her half-brother on-air advising him of their relationship – highly sensitive material – breach of privacy – releasing information offensive – no tape FindingsPrinciple 1 Guideline 1a – despite time for reflection, broadcaster proceeded with the broadcast of very sensitive information for entertainment purposes – upholdPrinciple 3 – privacy – consent from one party Privacy Principle (vii) – no uphold – no identification of the other – no uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] "Cleaning Out Your Closet" was the name of a competition run by The Edge, a radio station, in which callers speak about something they want to get off their chest. At about 5....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Complaint under section 8(1)(b) of the Broadcasting Act 1989Truth Radio – host made statements about ChildFund and other child sponsorship organisations – allegedly inaccurateFindings Principle 6 (accuracy) – comments made by host were clearly distinguishable as opinion – accuracy standard did not apply – not upheldThis headnote does not form part of the decision. Broadcast[1] During an item broadcast on Radio Pacific’s Truth Radio programme on 28 March 2007, the host John Banks made some comments regarding child sponsorship organisations. The host had taken a call from a listener who wanted to discuss how the organisation Child Fund New Zealand operated. [2] In relation to ChildFund’s operations the host said that it was a: . . ....

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,…...

ComplaintThe Edge – interview – impersonation of Jeremy Yates – cyclist banned for bad language – interview apparently with Jeremy Yates used offensive language which was beeped out – unfair – misleading – encourages discrimination and denigrationFindingsPrinciple 5 – not obviously a spoof – wrong brother the target for the prank – upholdPrinciple 7 guideline 7a – no group denigrated – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Cyclist Jeremy Yates was banned from participating in events by Cycling NZ for using bad language and displaying bad behaviour. An interview, apparently with Jeremy Yates, was broadcast during the breakfast show on The Edge on 11 April 2002. During the interview, the interviewee frequently used offensive language, which was "beeped out", and expressed displeasure that the broadcaster was not supporting him in his dispute with Cycling NZ....

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(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....

ComplaintThe Edge – comments about Aotea College students – two references to "burning the place down" – reference to breathalysing students – ill-informed, harmful and malicious FindingsPrinciple 5 – misdirected humour – negative comments – borderline – no upholdThis headnote does not form part of the decision. SummaryComments about Aotea College students, made in the course of a discussion about a secondary school stage competition, were broadcast on The Edge (a radio network) on 30 May 2001 between 3. 00pm and 7. 00pm. The announcer twice asked whether students from Aotea College had burned the venue down, and also asked if they had been breathalysed at the door. Julia Davidson, the principal of Aotea College complained to The RadioWorks Ltd, the broadcaster, that the comments were ill-informed, harmful and malicious. The RadioWorks did not uphold the complaint....

ComplaintTalkback – therapeutic remedy – editorial independence – advertorial – ethical issues FindingsPrinciple 4 – no uphold Principle 7 – host agreed with caller – reference to mainstream medical advice not necessarily required in context – no uphold This headnote does not form part of the decision. Summary A caller, who said her granddaughter had open weeping sores, asked the host on Radio Pacific for his views on the efficacy of colloidal silver and Celtic sea salt in treating her condition. The call was broadcast on 21 February 2000 at about 4. 10am on Radio Pacific. Christopher Ingram complained to The RadioWorks Ltd that the broadcast was not balanced and was irresponsible in not advising the caller to seek medical advice. In addition he expressed his concern about the sponsorship of the programme by a company which made alternative remedies....