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Yee and The Radio Network Ltd - 1998-002
1998-002

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-002 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WING-YAU YEE of Auckland Broadcaster RADIO i98FM LIMITED S Maling Chairperson L Loates R McLeod...

Decisions
Simpson and The Radio Network Ltd - 2012-064
2012-064

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talkback– during a discussion about gay marriage, the host described the complainant, a caller, as “incredibly rude” – host read out complainant’s fax and repeated the word “homophobic” but spelled out “faggot” – allegedly in breach of fairness and discrimination and denigration standardsFindingsStandard 6 (fairness) – complainant not treated unfairly – not upheld Standard 7 (discrimination and denigration) – host’s use of the word “homophobic” and spelling out of “faggot” did not encourage the denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During Overnight Talkback, broadcast on Newstalk ZB on 6 June 2012, the host and callers discussed the issue of gay marriage. The host spoke to a caller, “David from Queenstown”, whom he described as “incredibly rude”, before terminating the call....

Decisions
Soryl and The Radio Network Ltd - 2006-106
2006-106

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB Christchurch – “Stick of the Week” awards – host nominated and named both the parents of and a pre-schooler who had been involved in altercation with Mayor – child allegedly exposed to ridicule and humiliation – privacy allegedly breached FindingsPrinciple 3 (privacy) – facts disclosed already in public domain – not upheld Principle 6 (fairness) – child object of sympathy, not ridicule – not upheld Principle 7 (denigration) – item did not deal with specified section of community – not upheld This headnote does not form part of the decision. Broadcast [1] “Stick of the Week”, a negative albeit light-hearted award, is a long-running segment of the Friday morning show on Newstalk ZB in Christchurch....

Decisions
Heerdegen and The Radio Network Ltd - 2012-043
2012-043

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....

Decisions
Atkin and The Radio Network Ltd - 2011-061
2011-061

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....

Decisions
Malone and The Radio Network Ltd - 2006-034
2006-034

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – host made comments about a listener who had emailed him – called listener a “moron” who was “incapable of rationality” and said “don’t email me again until you’ve had some help with your head” – allegedly in breach of privacy and unfair – broadcaster upheld fairness complaint – complainant dissatisfied with privacy decisionFindingsPrinciple 3 (privacy) – no reasonable expectation of anonymity when emailing a radio station – no private facts disclosed – implied consent given to broadcast name – not upheldThis headnote does not form part of the decision. Broadcast [1] During Leighton Smith’s talkback show on Newstalk ZB at approximately 10. 10am on 17 March 2006, the host made the following comments about a listener who had emailed him: Oh dear, Kevin Malone go away. Go and get help for goodness sake. You are incapable of rationality....

Decisions
Smith and The Radio Network Ltd - 2002-188
2002-188

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....

Decisions
Bush and The Radio Network Ltd - 2010-114
2010-114

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…...

Decisions
Thomas and The Radio Network Ltd - 2004-205
2004-205

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....

Decisions
Brown and The Radio Network Ltd - 2008-130
2008-130

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....

Decisions
Mahoney and The Radio Network Ltd - 2003-112
2003-112

ComplaintNewstalk ZB: Larry Williams Breakfast Show – host said "I don’t want to piss in your pocket" – offensive FindingsPrinciple 1 – colloquialism – context – no uphold This headnote does not form part of the decision. Summary [1] "I don’t want to piss in your pocket" was the phrase used by the host of the Larry Williams Breakfast Show when talking to a guest. The comment was made at about 8. 15am on 18 July 2003 on Newstalk ZB. [2] J H Mahoney complained to The Radio Network Ltd, the broadcaster, that the use of the phrase, especially at that time of the morning, was disgusting. [3] In response, TRN described the phrase as a "widely used colloquialism" which would not have caused major offence to its primary audience aged 35 years and over....

Decisions
Drake and The Radio Network Ltd - 1998-013
1998-013

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...

Decisions
McClung and The Radio Network Ltd - 2012-067
2012-067

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....

Decisions
Shenken and The Radio Network Ltd - 2004-071
2004-071

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – Israeli Prime Minister described as the “butcher Sharon” – allegedly offensive, unbalanced, unfair and incited racial disharmonyFindings Principle 1 (good taste and decency) – editorial context – not upheld Principle 4 (balance) – does not apply to opinion pieces – not upheld Principle 5 (unfair) – acceptable opinion – not upheld Principle 7 and Guideline 7a (encouraged discrimination) – not racial epithet – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 7. 45am on 23 March 2004, the host of Paul Holmes Breakfast on Newstalk ZB, Paul Holmes, commented about the killing by the Israelis of Hamas leader Sheikh Ahmed Yassin. Among other critical remarks, the host described the Prime Minister of Israel as “the butcher Sharon”....

Decisions
Borrie and The Radio Network of New Zealand Ltd - 1996-177
1996-177

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-177 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DON BORRIE of Porirua Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
St Bede's College and The Radio Network New Zealand Ltd - 1997-111
1997-111

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-111 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ST BEDE'S COLLEGE of Christchurch Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Ross, on behalf of the Auckland Jewish Council, and The Radio Network Ltd - 2001-044
2001-044

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....

Decisions
Pahl and The Radio Network Ltd - 2002-087
2002-087

ComplaintNewstalk ZB – talkback – reference to named Judge "jerking off at work" – bad taste – unbalanced – anti-male FindingsPrinciple 1 – robust environment – no uphold Principle 5 – reference to named Judge unfair – majority – uphold Principle 7 and Guideline 7a – neither men nor judges denigrated – no uphold No Order This headnote does not form part of the decision. Summary [1] A High Court Judge who had viewed pornography on the Internet while at work was the subject of a talkback discussion on Newstalk ZB on 19 February 2002 at around 10. 00pm. During the broadcast, the host made a reference to the Judge "jerking off at work". [2] Dennis Pahl complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the reference was anti-male, defamatory, in poor taste and showed a "demonstrable lack of balance" in the show....

Decisions
Calver and The Radio Network Ltd - 1999-065
1999-065

Summary A song entitled Closer by the group Nine Inch Nails which was broadcast by 9inety6ixdot1 on 2 February 1999 at around 5pm contained the lyrics "I want to fuck you like an animal". Mr Calver of Auckland complained to 9inety6ixdot1, the broadcaster, that the lyrics were inappropriate to be broadcast, as they offended against the observance of good taste and decency. He also complained that the lyrics had "connotations of a certain level of violence" which was inappropriate for the time of the day the song was broadcast. 9inety6ixdot1 denied that the lyric "I want to fuck you like an animal" encouraged violence. It contended that the lyric "must be read – and heard – in relation to the station’s intended audience" and, therefore, that it complied with the good taste standard in the context of its audience....

Decisions
McGuckian and The Radio Network Ltd - 2014-088
2014-088

Summary [This summary does not form part of the decision. ]A Newstalk ZB news bulletin reported on the Pope meeting with victims of clerical sexual abuse. The Authority did not uphold the complaint that the number of victims cited was inaccurate. The broadcaster made reasonable efforts to ensure the item’s accuracy by obtaining the figure from a United Nations report. Not Upheld: Accuracy, FairnessIntroduction[1] A Newstalk ZB news bulletin reported on the Pope meeting with victims of clerical sexual abuse. The newsreader said the meeting was ‘a gesture aimed at expressing [the Pope’s] closeness to the tens of thousands of people abused by priests around the world’. The report was broadcast on Newstalk ZB on 5 July 2014....

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