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Decisions
Smith and The RadioWorks Ltd - 2002-026
2002-026

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....

Decisions
McMillan and RadioWorks Ltd - 2010-050
2010-050

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Devlin on Sport – host read out list of swear words from Authority’s survey – attempts made to censor the words, but some were still distinguishable – RadioWorks upheld a complaint that the broadcast breached good taste and decency – action taken allegedly insufficientFindingsStandard 1 (good taste and decency) – action taken by broadcaster adequate considering the nature of the breach – not upheldThis headnote does not form part of the decision. Broadcast[1] During an item on Devlin on Sport, broadcast on Radio Live at 3. 45pm on Sunday 28 March 2010, the host briefly discussed a survey conducted by the Broadcasting Standards Authority on swear words in broadcasting after an interviewee had used the word “bullshit” during a discussion. [2] The host stated: They’ve just put out today, the BSA, a media release, for immediate release....

Decisions
Simmons and 5 Others and CanWest RadioWorks Ltd - 2004-193
2004-193

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....

Decisions
Towl and RadioWorks Ltd - 2009-136
2009-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

Decisions
Mental Health Commission and CanWest RadioWorks Ltd - 2006-030
2006-030

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…...

Decisions
Mahdavi and CanWest Radioworks Ltd - 2007-074
2007-074

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – reference to the Arabian Gulf in a news report – allegedly inaccurateFindings Principle 6 (accuracy) – use of the term Arabian Gulf inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] During a news item broadcast on Radio Live on 9 April 2007, a reporter used the term “Arabian Gulf” when reporting that a British service woman had been freed after being held hostage for 13 days in Iran. Complaint[2] Babak Mahdavi complained to CanWest RadioWorks Ltd, the broadcaster, that the body of water which separates the Iranian Plateau from the Arabian Peninsula was officially named the “Persian Gulf”, and therefore it was inaccurate to refer to it as the Arabian Gulf....

Decisions
PQ and The RadioWorks Ltd - 2002-093
2002-093

ComplaintOffice Goss – The Edge – caller claimed that a school principal was a lesbian in relationship with another teacher – breach – good taste – privacy – fairness – accuracyFindingsNo tape available – decline to determine – s. 11(b) – warningName of complainant and town of residence deleted to preserve privacyThis headnote does not form part of the decision. Summary[1] To protect the privacy of the persons referred to in this complaint, the Authority makes an order deleting reference to the complainant other than by initials, and deleting reference to the town from which the complaint emanated. [2] The programme Office Goss was broadcast by The Edge. In the programme broadcast between 7. 30–8....

Decisions
McGeechan and CanWest Radioworks Ltd - 2006-048
2006-048

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!...

Decisions
Freeman and Purchase and RadioWorks Ltd - 2011-034
2011-034

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....

Decisions
Anderson and Channel Z - 2001-131
2001-131

ComplaintChannel Z – "motherfucker" – "fucking cunt" – offensive language FindingsPrinciple 1 – breach of current norms of good taste and decency – uphold OrderCosts of $750 to the Crown This headnote does not form part of the decision. Summary I B Anderson complained to Channel Z, the broadcaster, about the expressions "motherfucker" and "fucking cunt" being broadcast on 30 May 2001 just before 4. 30pm. When the broadcaster did not respond within the statutory 20 working days, Mr Anderson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The broadcaster then responded that Channel Z was a niche radio station with an alternative format, and that its audience had a liberal view of language. The broadcaster agreed that the expressions were offensive and would not usually be broadcast....

Decisions
Ryan and The RadioWorks Ltd - 2000-025
2000-025

Summary Host Ritchie Watson told a caller to Radio Pacific to "take a swallow of the body of Christ and have a few gins with it" during his talkback programme broadcast on 23 October 1999 between 11. 00–12. 00pm. Terry Ryan complained to The RadioWorks Ltd, broadcaster of Radio Pacific, that the remarks, which were addressed to him, were a serious breach of decency and good taste. The RadioWorks advised that the remark was unacceptable and reported that the host had apologised and indicated that he had not realised that such comments would offend. It responded that the reference to "having a few gins" had been unacceptable, but did not find that it breached the good taste requirement. Dissatisfied with the station's response, Mr Ryan referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
New Zealand Institute of Animal Control Officers Inc and The RadioWorks New Zealand Ltd - 2001-054
2001-054

ComplaintRadio Pacific talkback – host John Banks – dog control – host said he would shoot a dog ranger about to shoot his dog – offensive – irresponsibleFindings Principle 2 – comment advocated criminal violence – inconsistent with maintenance of law and order – upholdPrinciple 7 – not relevantNo OrderThis headnote does not form part of the decision. SummaryThe control of dogs was discussed on talkback on Radio Pacific at about 6. 45am on Thursday 7 December 2000. While expressing sympathy for the owners of cats killed by a dog, the host (John Banks) said he would shoot any dog ranger who came onto his property to shoot his dog. Mark Vincent, National President of the New Zealand Institute of Animal Control Officers Inc, complained to The RadioWorks New Zealand Ltd, the broadcaster, that the comments were "disgusting, irresponsible, and distressing"....

Decisions
Phillips and RadioWorks Ltd - 2009-152
2009-152

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Graeme Hill Show – included commentary from well-known atheist Pat Condell – Mr Condell made negative statements about religion and those who hold religious beliefs – allegedly in breach of good taste and decency, controversial issues and denigration and discrimination standards Findings Standard 1 (good taste and decency) – contextual factors – Bill of Rights Act – not upheld Standard 7 (discrimination and denigration) – comments lacked the necessary invective to reach the threshold for encouraging denigration – not upheld Standard 4 (controversial issues – viewpoints) – segment was an opinion piece – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Graeme Hill Show was broadcast on Radio Live at approximately 12. 55pm on Saturday 5 September 2009....

Decisions
Harvey and RadioWorks Ltd - 2007-113
2007-113

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”....

Decisions
McLean and The RadioWorks Ltd - 2002-060
2002-060

Complaint The Edge – "The Help Desk" – afternoon broadcast – beginning at secondary school – stories about initiation rites – encouraged bullyingFindingsPrinciple 7 – conflicting views of the attitude displayed by announcer – no tape – unsatisfactory – no option but to decline to determineThis headnote does not form part of the decision. Summary[1] "The Help Desk", broadcast on The Edge on the afternoon of the week beginning 28 January 2002, invited callers to phone in and relate stories about starting at secondary school. [2] Ruth McLean complained to The RadioWorks Ltd, the broadcaster, that the stories involved initiation practices, bullying, intimidation, and violence towards third formers. The announcer, she added, seemed to find the stories entertaining. Moreover, his attitude had encouraged bullying and his lack of social responsibility breached broadcasting standards....

Decisions
Cannell and The RadioWorks Ltd - 2000-007
2000-007

SummaryAccording to the complainant, a Radio Pacific talkback host referred to a caller as a "stupid old cow" at around 10. 35pm on 26 September 1999. The complainant reported that, later the same evening at around 11. 45pm, the same host talked about a Coronation Street episode and said a male character was "knocking off" two female characters. The complainant also reported that the host frequently used the expression "My God". Lillian Cannell complained to Radio Pacific, now managed by The RadioWorks Ltd, the broadcaster, that the language used by the host was offensive, and that his use of "blasphemy" was also quite unacceptable. The broadcaster responded that the language used by the host was strong in nature, but was in "the slang category" and did not contravene broadcasting standards....

Decisions
New Zealand Aids Foundation and CanWest RadioWorks Ltd - 2006-131
2006-131

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Live – (1) talkback host on 11 October criticised New Zealand Aids Foundation for what he regarded as its promotion of the gay lifestyle – allegedly denigratory, unbalanced and unfair(2) talkback host on 12 October expressed dislike for most gay men – allegedly denigratory, unbalanced and unfairFindings (both 11 and 12 October broadcasts) Principle 4 (balance) – exchanges did not amount to discussions about a controversial of public importance – not upheldPrinciple 5 (fairness) – no obligation to give the NZAF a right of reply taking into account brevity of throw-away comments made by talkback host – not upheldPrinciple 7 and guideline 7a (denigration) – threshold not met – not upheldThis headnote does not form part of the decision....

Decisions
Broad and The RadioWorks Ltd - 2000-032
2000-032

Summary An exchange on The Rock included a conversation between the announcer and an actor portraying a fictitious Australian character called Darryl Brock, during which Darryl Brock asked the announcer whether a woman announcer had "big tits" and if "she bang[ed] like a shithouse door in the wind". The exchange was broadcast at around 9. 00am on 25 November 1999. K E Broad complained to The RadioWorks Ltd, the broadcaster, that the language used was offensive and totally unacceptable, and that children could have heard it because of the time of the broadcast. The RadioWorks responded that the reference to the woman having "big tits" was "perhaps a little raunchy", but was a slang expression and did not contravene broadcasting standards. As to the second remark, the RadioWorks said that the word "shithouse" was also slang and that this remark did not contravene broadcasting standards either....

Decisions
Jones, on behalf of Otago Rural Police of Queenstown, and The RadioWorks Ltd - 2001-117
2001-117

Complaint The Edge – radio announcer challenged two men to run naked down a main street – offensive behaviour – incited breach of law FindingsPrinciple 2 – no evidence that broadcaster encouraged disrespect for law – no upholdThis headnote does not form part of the decision. SummaryAn announcer on The Edge challenged two men to run naked down a main street in Queenstown. The event was broadcast live on The Edge (a radio network) at about 7. 30am on 25 May 2001. Inspector Phil Jones, the Area Controller for the Otago Rural Police in Queenstown, complained to The RadioWorks Ltd, the broadcaster, that the behaviour which he said had been "incited" by the announcer, was "unacceptable". The RadioWorks did not uphold the complaint. It disagreed that the radio station incited the participants, and maintained that the incident was intended to be humorous and not distressing to the public....

Decisions
Stott and The RadioWorks Ltd - 2002-056
2002-056

ComplaintRadio Pacific – talkback host described Minister of Health as a chicken and derelict in her duty – offensive and denigrating FindingsPrinciple 1a – contextual matters – no uphold Principle 7a – comments acceptable on talkback – no uphold This headnote does not form part of the decision. Summary [1] The Minister of Health was criticised for not going to Christchurch to try to settle a threatened nurses strike there. The comments were made by the host (Bill Ralston) on the talkback station, Radio Pacific, between 11. 00am–2. 00pm on 30 November 2001. [2] David Stott complained to The RadioWorks Ltd, the broadcaster, that the comments, which included a description of the Minister as a "woof" and "chicken", were insulting, denigrating and in poor taste. [3] As Mr Stott did not receive a response to his complaint, he referred it to the Broadcasting Standards Authority under s....

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