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Eccleton and The Radio Network Ltd - 1999-177
1999-177

Summary A competition which invited listeners to relate how and at what age they had lost their virginity was broadcast on 91 ZM in Christchurch on 23 June 1999 at about 4. 30pm. Mr Eccleton complained to the station manager that by promoting the competition, the announcer was being irresponsible and cheap. He said he considered it to be "simply tacky" to promote the competition. When he did not have a response from the station within 20 working days, Mr Eccleton referred the matter to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. At the Authority’s request, the station responded to the complaint. First it advised that it had not received the original letter of complaint, and secondly, that when the second letter was referred to it, it had not treated the matter as a formal complaint....

Decisions
Newman and The Radio Network Ltd - 2004-195
2004-195

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nelson Newstalk ZB interview following local body elections – Mayor of Nelson commented on his lessened majority – stated that Grey Power had been “hijacked” by members of his opponent’s team – allegedly unbalanced, unfair, inaccurate and encouraged denigration Findings Principle 4 (balance) – no controversial issue of public importance – not upheld Principle 5 (fairness) – no persons treated unfairly – not upheld Principle 6 (accuracy) – expression of opinion – standard does not apply – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – expression of opinion – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A broadcast on Nelson Newstalk ZB on 11 October 2004 at around 11. 30am featured an interview with the winning Mayors of Nelson (Paul Matheson) and Tasman (John Hurley)....

Decisions
Sanders and The Radio Network Ltd - 2000-168
2000-168

ComplaintNewstalk ZB – offensive language – illegal – callous remark about shooting militia men in East Timor FindingsPrinciple 1 – flippant remark but not so offensive as to breach – no uphold Principle 2 – no uphold Principle 7 – not applicable This headnote does not form part of the decision. Summary Host Larry Williams, when listing topics for discussion on his programme, mentioned that New Zealanders had shot a militia man in East Timor, adding: "There’s plenty left to go. " This comment was broadcast during his programme on Newstalk ZB at about 4. 12pm on 27 September 2000. Mrs J K Sanders complained to The Radio Network Ltd, the broadcaster, that the host’s remark was "totally unacceptable and objectionable". In her view, the remark was contrary to the law and to standards of common decency. She requested that the station take "appropriate action" against the host....

Decisions
Zero Commission NZ Ltd and The Radio Network Ltd - 2014-126
2014-126

Summary [This summary does not form part of the decision. ]Coast FM News reported that Zero Commission ‘has been making low ball offers’ to shareholders of various companies. A majority of the Authority upheld the complaint that Zero Commission and its shareholders were treated unfairly as no opportunity was given to respond to the claims or the negative impression created. The minority did not consider the item was unfair as Zero Commission could reasonably expect some commentary from time to time that it would not like or agree with. The Authority unanimously declined to uphold the complaint that the use of the term ‘low ball’ was inaccurate as this was a subjective term, not a point of fact. The controversial issues standard was not applicable because the item focused squarely on one company, not a controversial issue of public importance....

Decisions
Otago Casinos Ltd and The Radio Network Ltd - 2013-004
2013-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Farming Show – host told anecdote about his experience at The Waterfront Bar & Bistro in Queenstown – claimed he was refused service after having a “couple of beers” and commented that it was “poor form” on the part of the bar – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – host’s comments were inappropriate – host abused his position by allegedly threatening the bar staff with bad publicity and then following through by airing a personal grievance to enact revenge on a named business – business had no opportunity to defend itself – The Waterfront Bar & Bistro treated unfairly – upheld No Order This headnote does not form part of the decision....

Decisions
Naqvi and The Radio Network Ltd - 2008-142
2008-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Breakfast – host discussed recent terrorist attacks in Mumbai – made various comments about Muslims and terrorism – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – programme was an opinion piece – lacked the necessary invective to cross the threshold for denigration – not upheld Standard 4 (controversial issues - viewpoints) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 5 (accuracy) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 6 (fairness) – not unfair to Muslim people – not upheld This headnote does not form part of the decision....

Decisions
Wells and The Radio Network Ltd - 2001-022
2001-022

ComplaintZG FM Gisborne – offensive language – "eff–off" – "piss off" – reference to complainant on air FindingsPrinciples 1 and 7 – in context – no uphold Principle 5 – reference ambiguous – no uphold CommentBroadcaster’s complaints procedure and process for recording programmes unsatisfactory This headnote does not form part of the decision. Summary During the morning programme on 22 September 2000, an announcer on Gisborne’s ZG FM said "eff-off". On 20 October he said that by playing a certain song, he would "piss off" some colleagues. After a listener called the station to complain about his language, the announcer made reference to her complaint on 25 October, saying "I can’t say ‘piss off’ or Mrs Pascall will get hacked off about it....

Decisions
Transportation Auckland Corporation Limited (Stagecoach) and The Radio Network Ltd - 2003-095, 2003-096
2003-095–96

Complaint91ZM – Countdown – Drive Show – comments about bus rage on buses operated by Stagecoach in Auckland – presenter (Stables) advised passengers not to take out frustrations on bus drivers but to damage buses – some broadcasts from buses – passengers encouraged to dance (rage) – failure to maintain standards consistent with law and order – unsuitable for children – complaint under Principle 2 and Principle 7 and Guideline 7b upheld by broadcaster – agreed to broadcast apology and pay half complainant's costs – unable to agree on wording of apology FindingsAction taken insufficient OrderBroadcast of statement including the words "reckless, irresponsible and inappropriate" This headnote does not form part of the decision....

Decisions
Burridge and The Radio Network Ltd - 2001-086
2001-086

ComplaintZMFM – game – "Know Your Dairy" – denigrated foreigners – upheld by broadcaster under Principle 7 – action taken insufficient FindingsAction taken insufficient – unsatisfactory complaints procedure – warning Principle 8 – tape retention inadequate OrderBroadcast of statement This headnote does not form part of the decision. Summary A game called "Know Your Dairy" was broadcast on 91ZM on 9 April 2001. The game invited contestants to call dairy owners to ask a basic question about New Zealand. The telephone calls were then broadcast. S E Burridge complained to The Radio Network Ltd, the broadcaster, that the game was racist and xenophobic. TRN advised that the game was no longer a part of 91ZM broadcasts, and apologised to the complainant for offending her. Dissatisfied with the action taken by TRN, Miss Burridge referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Macnaughtan and The Radio Network Ltd - 2013-016
2013-016

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Overnight Talkback with Bruce Russell – host and caller discussed meteorite exploding over Russia, and host made comments to the effect he would rather it happened in Russia than in New Zealand – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – host’s comments were expressed in a light-hearted and flippant manner – comments would not have offended or distressed most listeners in context – not upheld This headnote does not form part of the decision. Introduction [1] During Overnight Talkback with Bruce Russell, the host and a caller discussed a meteorite exploding over central Russia, causing a shock that smashed windows, damaged buildings and injured many people....

Decisions
Stitt and The Radio Network Ltd - 2011-151
2011-151

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989 New Zealand First Election Advertisement – stated that “only Winston and New Zealand First can save the foreshore and seabed for our family” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – statement was clearly opinion and promotion of New Zealand First policy – guideline 5a to Standard 5 exempts opinion from standards of accuracy – election programmes broadcast in robust political environment and listeners would have interpreted the advertisement accordingly – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for New Zealand First was broadcast on Newstalk ZB on 21 November 2011 at approximately 10. 40pm....

Decisions
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
Kingdom Residential Housing Ltd and The Radio Network Ltd - 2003-004
2003-004

Complaint Newstalk ZB – Discussion about leaky building syndrome – caller "Graham" referred to two leaking problems with his new home in Newlands – complainant developer in Newlands – only one leaky building problem – "Graham" an employee of TRN – unfair Findings Principle 5 – complainant neither identified nor identifiable – not referred to – no uphold This headnote does not form part of the decision. Summary [1] The leaky building syndrome was one of the topics discussed on Newstalk ZB broadcast in Wellington on the morning of 18 September 2002. A caller "Graham" described leaky building problems with his bathroom and his deck in his new home in a development in the Wellington suburb of Newlands. [2] Kingdom Residential Housing Ltd, through its solicitors, complained to The Radio Network Ltd, the broadcaster, that the item was unfair....

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
Robb and The Radio Network Ltd - 2002-184
2002-184

ComplaintNewstalk ZB – discussion regarding "National Penis Day" – included reference to penis on Michaelangelo’s David – breach of good taste and decency FindingsPrinciple 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] On Newstalk ZB an interview with the Executive Director of the New Zealand AIDS Foundation regarding "National Penis Day" was broadcast on 2 September 2002 at 5. 34pm. The discussion concerned the Foundation not being able to publicise the day by putting up billboards featuring penises. [2] David Robb complained to The Radio Network Ltd (TRN), the broadcaster, that the item was offensive and the material inappropriate, particularly for child listeners. [3] In response, TRN maintained that the comments in context did not breach current norms of good taste and decency. It declined to uphold the complaint....

Decisions
Grover and The Radio Network Ltd - 2003-134
2003-134

ComplaintNewstalk ZB – Paul Holmes Breakfast – host used term “house niggers” – offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no uphold This headnote does not form part of the decision. Summary [1] During an interview with the Prime Minister, Paul Holmes, as the host of the Paul Holmes Breakfast on Newstalk ZB, referred to a comment made by Titewhai Harawira, a Maori political activist. The host said that the Government’s Maori Members of Parliament had been referred to as “house niggers” and asked a question related to the comment. The comment was broadcast at around 7. 40am on 3 September 2003....

Decisions
Sutton and The Radio Network of New Zealand Ltd - 1997-022
1997-022

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-022 Dated the 6th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAM SUTTON of Porirua Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Warren and The Radio Network of New Zealand Ltd - 1999-235
1999-235

Summary"Boy racers" were encouraged by radio station 91 ZM on 14 October to turn up at a named City Councillor’s home address and to play their car stereos loudly to protest about the Councillor’s stand on noise control in Palmerston North. Ross Warren complained to the Broadcasting Standards Authority under s. 4(1)(c) that the broadcast had disclosed the Councillor’s address and had encouraged people to harass him. In a brief response, the station argued that it had been reasonable to disclose the Councillor’s address to enable a protesting group to make a legitimate point against a crusade by a local politician. Furthermore, it noted, the station had acted responsibly by dealing with complaints received and the protest had been cancelled. The Councillor had accepted the station’s apology and had agreed to meet with drivers at a later time, it wrote. It recommended that the complaint not be upheld....

Decisions
Thomas and The Radio Network Ltd - 2002-061
2002-061

ComplaintCrimeline – Radio Scenicland – weekly feature about police – reference to allegation about some questionable police practices in Greymouth – unfair comments in response – complainant obtained tape – part of broadcast missing – complainant later accepted that pause occurred when logging tape turned over FindingsPrinciple 7 – well-publicised matter dealt with responsibly – no uphold This headnote does not form part of the decision. Summary [1] An allegation about corruption at the Greymouth Police Station made by two police officers was touched upon in Crimeline broadcast between 8. 30 - 9. 00am on 29 January 2002. Crimeline, broadcast on Radio Scenicland in Greymouth, is a weekly discussion with a police officer about Police activities in the region. [2] Nadine Thomas, one of two police officers who had made the allegations, complained to The Radio Network Ltd (TRN), the broadcaster, that the comments had discredited them....

Decisions
Mulhern and The Radio Network Ltd - 2003-005
2003-005

ComplaintNewstalk ZB – host Danny Watson – results of trial of Jules Mikus for the murder of Teresa Cormack referred to and discussion about justice, retribution and community responsibility – encouraged vigilante justice FindingsPrinciple 7 – not applicable – no upholdPrinciple 2 – some of the host’s populist comments came close to breach – although overall support for judicial processes – no uphold This headnote does not form part of the decision Summary [1] The conviction of Jules Mikus for the murder of Teresa Cormack was referred to on Newstalk ZB between noon and 3pm in the talkback session broadcast on 9 October 2002 hosted by Danny Watson. Concern at the time-lapse between the murder and conviction was expressed. Examples of extra-judicial justice were given by callers and the host at times suggested that instant justice could be more effective in reforming offenders than the justice system....

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