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Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – comments regarding the beheading of hostages in Iraq – allegedly breached good taste and decency FindingsPrinciple 1 (good taste and decency) – presenter’s comments light-hearted look at serious issue – common practice in broadcast media – no intent to minimise gravity of subject matter – no obscene language or macabre detail employed – not in breach of good taste and decency standard – not upheld This headnote does not form part of the decision. Broadcast [1] At about 6. 53am on 22 September 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) began a segment about the beheading of hostages in Iraq. At the time of the broadcast, British man Kenneth Bigley had been captured by terrorists in Iraq....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-013 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAHAM DRAKE of Rotorua Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Leighton Smith Show – host discussed verdicts in Urewera Four case – complainant phoned the programme and the host subsequently made comments about “nut bars” in New Zealand – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – unclear which section of the community the complainant considered was denigrated or discriminated against – standard only applies to sections of the community and not to individuals so cannot be considered in relation to the complainant – broadcast did not encourage denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During the Leighton Smith Show, broadcast on the morning of 21 March 2012 on Newstalk ZB, the host discussed the verdicts in the “Urewera Four” case....

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sean Plunket Morning – host interviewed Dr Paul Connett about his views against fluoridation of water – allegedly in breach of controversial issues, fairness and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme discussed a controversial of public interest – period of current interest is ongoing so listeners aware of other views – Dr Connett was given ample opportunity to present his perspective – not upheld Standard 6 (fairness) – interview was robust but reasonable and good-natured – Dr Connett treated fairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kerre Woodham Talkback – host stated, in response to caller’s comment that having a disability was the result of “inbreeding”, “You fricken moron, I’d have cut you off if you hadn’t cut yourself off, you idiot…” – language used allegedly in breach of good taste and decency and responsible programming standards FindingsStandard 1 (good taste and decency) and Standard 8 (responsible programming) – host said “fricken moron” not “fuckin’ moron” as alleged – comment broadcast after 9pm during talkback programme targeted at adults – comment would not have surprised or offended most listeners and its broadcast in this context was not socially irresponsible – not upheld This headnote does not form part of the decision. Introduction [1] Kerre Woodham Talkback was broadcast on Tuesday 12 June 2012 from 7pm to midnight on Newstalk ZB. At approximately 9....

ComplaintNewstalk ZB – Paul Holmes’ Breakfast Show – commentary on Ariel Sharon’s visit to Temple Mount – commentary on Middle East situation – unbalanced – inaccurate – socially irresponsible FindingsPrinciple 4 – editorial piece – other significant points of view presented in period of current interest – no uphold Principle 6 – clearly presenter’s opinion – comments not presented as fact – no uphold Principle 7 – not denigratory to extent envisaged by principle – no uphold This headnote does not form part of the decision. Summary In an item on Paul Holmes’ Breakfast Show, broadcast on Newstalk ZB on 16 October 2000, the presenter commented on the Middle East situation. The presenter described Mr Ariel Sharon as a "dreadful beast" and as "mad, cynical [and] Arab-hating....

ComplaintZM 89. 8 – comments made about "iwi television" and the Karaka Yearling Sales – racial overtones – denigratory FindingsPrinciple 7 and Guideline 7a – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] Comments made by the host of an afternoon programme were broadcast on ZM 89. 8 on Wednesday 29 January 2003 between 5. 00–6. 00pm. The comments related to "iwi television" and the Karaka Yearling Sales. [2] David Galbraith complained to The Radio Network Ltd, the broadcaster, that the comments had racial overtones and were unacceptable. [3] In response, TRN stated that no racial overtones could be detected in the host’s comments and declined to uphold the complaint. [4] Dissatisfied with TRN’s decision, Mr Galbraith referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 NewstalkZB – during a discussion about the vice presidential candidate for the Republican Party, Sarah Palin, one of the regular commentators stated that Ms Palin's daughter was "the town bike” and that her family was "low-rent" – broadcaster upheld complaint that the comments breached Standard 1 (good taste and decency) and Standard 7 (discrimination and denigration) – action taken by broadcaster to rectify breaches allegedly insufficient Findings Standards 1 (good taste and decency) and 7 (denigration and discrimination) – broadcaster upheld complaint under two standards and counselled host on remark – action taken by broadcaster sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Newstalk ZB, broadcast at 8....

ComplaintNewstalk ZB – Transmission Gully – talkback host’s comments criticised politicians – callers putting contrary views cut off – unbalanced – unfair FindingsPrinciple 4 – talkback robust – no evidence of lack of balance – no uphold This headnote does not form part of the decision. Summary The defeat of a private member’s Bill supporting a road through Transmission Gully was addressed during talkback on Newstalk ZB broadcast in Wellington between 8. 30 and 11. 00am on 3 May 2001. The host (Justin du Fresne) criticised the loyalty of the MPs from Wellington who had voted against the Bill. Arnold Sabine complained to The Radio Network Ltd (TRN), the broadcaster, that the programme, by ridiculing politicians and not allowing callers to present a contrary point of view, was unbalanced, inaccurate and unfair....

Summary"You and me baby, we ain’t nothing but mammals, so let’s do it like they do on the Discovery Channel" is a line from a song by The Bloodhound Gang played on 91 ZM on 20 November 1999 at 7. 45am. Vaughan and Diane Barrow complained to The Radio Network Ltd, the broadcaster, that the lyrics of the song breached current norms of decency and good taste, were harmful to children, and transgressed broadcasters’ obligation to be socially responsible. The Radio Network considered the complaint only under the good taste standard and, noting that the song contained innuendo and double entendres, argued that such content was nevertheless the norm for music targeted at youth. It noted that the song had had heavy airplay for at least three months and that it had received no other complaint about its content. It declined to uphold the complaint....

ComplaintLeighton Smith Morning Show – talkback host described protest group as a pack of mongrels – encouraged discrimination and offensive language FindingsPrinciple 7 guideline 7a – does not meet high threshold required for discrimination – no uphold Principle 1 – dismissive and insulting – uphold OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] Protesters outside a school in Hamilton were described by the host of the Leighton Smith Morning Show as "mongrels" and "a pack of mongrels". The programme is broadcast on weekdays on Newstalk ZB, and the comments complained about were made shortly before 10. 00am on 15 November 2001. [2] Wayne Smith complained to The Radio Network Ltd (TRN), the broadcaster, that the tone and the manner of the remarks encouraged discrimination against Maori. He later complained that the comments breached the standard requiring good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kerre Woodham Talkback – host started a discussion about whether the Falun Gong organisation should be able to participate in the Auckland City Christmas parade – host stated that Falun Gong had no place in the parade – callers rang in who were both for and against the host’s position – after 90 minutes of discussion, the radio station stopped airing calls from Falun Gong members – allegedly unfair Findings Standard 6 (fairness) – complainant was not “taking part or referred to” in the broadcast –points that complainant wanted to make were made by other callers – Falun Gong not treated unfairly – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]The host of the Larry Williams Drive Show and a political editor discussed a protest that had taken place in response to the release of the Government’s budget. The host expressed his disapproval of the protestors and made comments about how he thought they should be dealt with, for example saying fire trucks cornering them from either end of the street. The Authority did not uphold the complaint that his comments breached standards. The host was clearly expressing his personal opinion, and the political editor countered the comments, noting people living in a democracy are entitled to protest....

Summary [This summary does not form part of the decision. ]On Newstalk ZB on 2 April 2014, in response to a news item reporting that the average New Zealand woman weighed 72 kilograms, the host Rachel Smalley could be heard, during an advertisement break, referring to these women as ‘heifers’ and ‘a bunch of lardos’. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the comments breached standards of good taste and decency. Size or weight is not one of the specified sections of the community under the discrimination and denigration standard, the comments were off the cuff and not intended for broadcast, and the host and the broadcaster both issued public apologies....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talk Show – radio host played excerpt from television show The View in which Fox News commentator, Bill O’Reilly, stated that the mosque near Ground Zero was “inappropriate” and that “Muslims killed us on 9/11” – radio host discussed comments – allegedly in breach of law and order, controversial issues, accuracy and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – listeners would not expect a range of balanced views from a talkback programme – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – host’s comments amounted to opinion and analysis – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of…...

ComplaintNewstalk ZB – talkback – topic – global warming – complainant tried to contribute – described as idiot – named as Brian – call terminated Findings Principle 3 – identity not revealed – no uphold Principle 4 – insufficient information – decline to determine Principle 5 – opportunity to terminate call without rudeness not taken – broadcaster irresponsible and abusive – uphold – no Order This headnote does not form part of the decision. Summary [1] Global warning was a topic discussed on talkback on Newstalk ZB, hosted by Leighton Smith, on the morning of 16 July 2001. At about 11. 12am, the complainant telephoned, gave his name as "Jim", and challenged the views advanced by a professor who had been interviewed, and who had disputed the global warming theory....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Larry Williams Drive Show – host interviewed director of the Middle East Forum about his concerns with the growing Muslim population in Europe – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards FindingsStandard 4 (controversial issues – viewpoints) – item focused on interviewee’s views – no discussion of a controversial issue of public importance – not upheld Standard 7 (discrimination and denigration) – comments conveyed interviewee’s personal opinion – no discrimination or denigration – not upheld Standard 5 (accuracy) – complainant did not specify any alleged inaccuracies or provide any evidence of inaccuracy – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – interview would not have alarmed or…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported on a court trial in which several people were accused of being involved in the death of a toddler – included details of the abuse suffered by the child – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the abuse were not gratuitous – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Newstalk ZB at 5pm on Tuesday 21 October 2008, reported on the High Court trial of several people in relation to the death of a toddler. The presenter began the report by stating: The Crown has today outlined the horrific abuse Rotorua pre-schooler Nia Glassie went through for months before her death....

ComplaintNewstalk ZB – host Leighton Smith – caller used word "mongrel" to describe bad parents – denied it was a racist interpretation – offensive language – racist FindingsPrinciple 1 – context – no uphold Principle 7 – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Parenting was one of the topics discussed on the Leighton Smith Morning Show on 27 August 2002 in view of some murders committed recently by young people. One caller said that "two mongrel dogs" would produce "a mongrel pup", and that it was illegal to "beat that mongrel out of the pup". The Leighton Smith Morning Show is broadcast by TRN each weekday between 8. 30am – midday via the Newstalk ZB network. It is a talkback programme hosted by Leighton Smith....