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Complaint under section 8(1)(c) of the Broadcasting Act 1989Newstalk ZB in Christchurch – host Mike Yardley – lead up to local body elections – one candidate facing private prosecution for threatening to kill – had been granted name suppression – situation discussed on Newstalk ZB and questions raised about impact of name suppression order – allegedly breach of privacy, inaccurate and unfair – only privacy referred to AuthorityFindings Principle 3 (privacy) – complainant not identified – not upheldThis headnote does not form part of the decision. Broadcast [1] Newstalk ZB in Christchurch (host Mike Yardley) was aware that one of the candidates in the forthcoming local body elections was being prosecuted privately for threatening to kill, and had been granted name suppression by the District Court. The station broadcast this information and advised that the candidate had declined to allow the broadcast of his name....

ComplaintOmission to broadcast news about Invercargill businessman – unbalanced – deceptive programming practiceFindingsComplaint about omission to broadcast – editorial judgement – decline to determineThis headnote does not form part of the decision. SummaryBrent Procter complained that local news bulletins on Newstalk ZB and Classic Hits Invercargill had failed to cover the activities of an Invercargill businessman who had been charged with fraud. He contended that in this omission the broadcaster had failed to show balance and had used deceptive programming practice in its broadcasts during the period of newsworthiness, notably between 6 March and 10 March 2000. The Radio Network Ltd, the broadcaster, responded for both stations that broadcasting standards were not breached as the story in question had not been broadcast. Dissatisfied with TRN’s response, Mr Procter referred the complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback discussion on the Queen’s refusal to attend the civil wedding ceremony for the Prince of Wales – host said “she’s a heartless wench through and through” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – comment light-hearted expression of opinion – no obscene language – not upheldThis headnote does not form part of the decision Broadcast [1] The subject of whether the Queen would attend the wedding of Prince Charles and Camilla Parker-Bowles was discussed on the Newstalk ZB talkback programme at approximately 10. 30pm on 23 February 2005. A male caller explained that, while the Queen would attend the religious blessing of the couple, she could not attend the civil wedding ceremony. The host ended the conversation saying “she’s a heartless wench through and through”....

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....

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....

Paul France 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 Newstalk ZB – afternoon host made comments about Green Party MP Keith Locke – allegedly in breach of good taste and decency, and fairness standards Findings Standard 6 (fairness) – viewers would have realised comments were host’s and callers’ interpretation of Mr Locke’s stance – public figures are open to criticism – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 This headnote does not form part of the decision. Broadcast [1] During Newstalk ZB’s afternoon show, broadcast between 1pm and 4pm on 5 January 2009, the host started a discussion about Green Party MP Keith Locke, saying: Keith Locke’s another one. He’s an apologist for terrorism....

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SummaryIn the context of a discussion about driving habits on Newstalk ZB on the morning of 14 January 1999, the show’s host described how that morning he was passed at speed by a car which then crossed all three lanes to exit from the motorway. He identified the car by its personalised license plate, saying it was lucky there was not much traffic on the road as that sort of driving contributed to disaster on the roads. R, owner of the car, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast was abusive and an invasion of his privacy. He denied that he had been driving dangerously, and pointed out that the alleged incident occurred at about 6. 15am when no other vehicles were in sight....

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…...

ComplaintNewstalk ZB – Larry Williams Show – political commentator 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 upholdThis headnote does not form part of the decision. Summary [1] During a broadcast of the Larry Williams Show on Newstalk ZB, Barry Soper, a political commentator, referred to a comment made by Titewhai Harawira, a Maori political activist. The commentator recalled that the activist had referred to Maori Members of Parliament as “house niggers”. The broadcast occurred shortly before 5. 00pm on 16 September 2003. [2] Barbara Grover complained to The Radio Network Ltd (TRN), the broadcaster, that the comment was offensive, compromised the integrity of current affairs and encouraged denigration. [3] TRN declined to uphold the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – The Justin du Fresne Show – joke arising from controversy over Prime Minister’s allegedly speeding motorcade. FindingsPrinciple 1 (Good taste and decency) – obvious attempt at humour – no bad language used – not personal attack on Prime Minister – not upheld Principle 7 (Social responsibility) – obvious attempt at humour – not upheld This headnote does not form part of the decision. Broadcast [1] On The Justin du Fresne Show, broadcast on Newstalk ZB on the morning of 19 July 2004, presenter Justin du Fresne told a joke arising from the earlier controversy over the Prime Minister’s allegedly speeding motorcade....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – item reported on two bodies being found on top of a rail “carriage” – allegedly inaccurate Findings Principle 6 (accuracy) – use of “carriage” technically inaccurate – distinction between carriage and wagon has been blurred by common usage over time – upholding the complaint would be an unjustified limit on the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] Two news bulletin items, broadcast on Newstalk ZB at 6. 30am and 7am respectively on Thursday 12 June 2008, reported on the discovery of two bodies on top of a rail wagon in a railway yard in Christchurch. [2] During the first item the presenter stated: Christchurch police have confirmed two bodies were found overnight at a railway yard in the city. . ....

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....

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....

Summary [This summary does not form part of the decision. ]During Canterbury Mornings with Chris Lynch, the host expressed frustration with the length of time it had taken police to decide whether to proceed with criminal investigations in relation to the collapse of the CTV building in the Christchurch earthquake. He said, ‘for Christ’s sake, police, you can do better than this’. The Authority did not uphold the complaint that the use of the word ‘Christ’ breached standards. The use of ‘Christ’ as an exclamation to express surprise or dismay has become an accepted part of colloquial speech and would not have offended most listeners. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During Canterbury Mornings with Chris Lynch, the host discussed the progress of an investigation into the collapse of the CTV building in the February 2012 Christchurch earthquake....

ComplaintNewstalk ZB – Leighton Smith – comment on fax received from Credo Society regarding standards in the media – denigrated because of beliefs FindingsPrinciple 5 – not dealt with unfairly – no disrespect shown – no uphold This headnote does not form part of the decision. Summary Parts of a fax from Mrs Barbara Faithfull of the Credo Society Inc were read out by host Leighton Smith on Newstalk ZB on 26 July 2000 at about 8. 48am. The host suggested that there was not a lot of support for her views. Barbara Faithfull, secretary of the Credo Society Inc, complained to The Radio Network Ltd, the broadcaster, about what she called the derisive tone in which her fax had been read. She objected to the host’s failure to refer to some matters she had raised in her faxed letter....

ComplaintNewstalk ZB – talk – host Paul Holmes – host’s comment – sticking out like dog balls – offensive language FindingsPrinciple 1 – colloquial – not offensive in context – no uphold This headnote does not form part of the decision. Summary A report about sport and recreation was referred to during the talk programme on Newstalk ZB between 7. 00–8. 00am on 31 January 2001. The host (Paul Holmes) said that one conclusion "stuck out like dog balls". D Brazier complained to The Radio Network Ltd, the broadcaster, that the comment was offensive. Explaining that the host was quoting a Committee member and that it was delivered in a conversational tone, TRN denied that the comment would cause any major offence among an audience aged 35 plus which listened Newstalk ZB. It declined to uphold the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – comments made by presenter and local councillor Phil Quinney on Saturday morning “garage sale” show – comments critical of complainant, fellow-councillor – allegedly unfair Findings Principle 5 (fairness) – comments themselves not unfair – complainant had put matter in public eye – no unfair abuse of position by presenter – not upheld This headnote does not form part of the decision. Broadcast [1] On the morning of 31 July 2004, New Plymouth District Councillor Phil Quinney, while presenting his regular “garage sale” show on Newstalk ZB, made comments that were highly critical of fellow-councillor and complainant Sherril George. The presenter’s comments focussed in particular on the complainant’s reported statements about a recent Council meeting and the Council’s consequent agreement to sell its shares in local gas and electricity distribution company Powerco....

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....