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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 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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-066 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NICK PARFITT of Palmerston North THE RADIO NETWORK LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryA Millennium Baby Competition was the title of a promotion run by radio station 91ZM in Auckland. It focused on the first child to be born on 1 January 2000. Mr Ensoll complained to the broadcaster that the title of the promotion was incorrect as, he said, the next Millennium was due to begin on 1 January 2001. The Radio Network of New Zealand Ltd, as operators of 91ZM, declined to uphold the complaint on the basis the world intended to celebrate the new Millennium on 1 July 2000 regardless of the technical correctness of the date. Dissatisfied with The Radio Network's decision, Mr Ensoll referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

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....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – comment about recent pack rape allegations against Australian rugby league players – host described women who attended parties with rugby league players as “moles” and suggested that they were asking for trouble – allegedly denigrated womenFindings Standard 7 – Guideline 7a (discrimination and denigration) – comment encouraged denigration of women who socialise with rugby league players – not a genuine expression of serious comment – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] At about 7. 55am on 2 April 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented on recent pack rape allegations against a team of Australian rugby league players....

Summary [This summary does not form part of the decision. ] An election advertisement for the National Party referred to ‘Labour, The Greens and Dotcom’ wanting to spend ‘more than 30 billion dollars’. The Authority did not uphold the complaint that the reference to ‘Dotcom’ was misleading because there was no ‘Dotcom Party’, and that the figure of 30 billion dollars was inaccurate. The advertisement did not explicitly refer to any ‘Dotcom Party’, Kim Dotcom has been a prominent figure in the election, and most listeners would have understood it to be a reference to the Internet Party, and that political party advertising is broadcast in the context of a robust political arena in the lead-up to a general election. The reference to other parties’ policy costs was analysis and interpretation by the National Party, and acceptable in this context....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-020 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by S of Christchurch Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An item on the Larry Williams Programme discussed New Zealand’s military ties with Indonesia and the conflict in East Timor. The host described Indonesian military officers training in New Zealand as "thugs". The item was broadcast on Newstalk ZB on 10 September 1999 at 4. 15 pm. Mr Mahoney complained to The Radio Network of New Zealand Limited, the broadcaster, that the host’s reference to Indonesian armed services members as "thugs" was unacceptable, and that the description was based on hearsay rather than fact. TRN responded that the Indonesian Army had been described by an interviewee on the programme as an accomplice to genocide in East Timor. The Indonesian personnel in New Zealand could not be separated from the Indonesian Army as a whole, it wrote. The host’s comment was based on fact and reflected fair opinion, it concluded, and declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host interviewed a representative from MetService about weather predictions made by NIWA – host commented “Do those people at NIWA, do they read your forecasts, or have they got their heads so far up their backsides they don’t take any notice of anyone else? ” – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – contextual factors – host’s comment colloquial – would not have caused offence or distress to listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A talkback programme, broadcast on Newstalk ZB on Friday 24 December 2010 at 7....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Larry Williams Drive Show – host expressed his views on the execution of Osama bin Laden – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues and fairness FindingsStandard 4 (controversial issues) – comments were clearly host’s personal opinion and did not amount to a “discussion” of a controversial issue of public importance – host referred to alternative viewpoints – not upheld This headnote does not form part of the decision. Broadcast [1] During the Larry Williams Drive Show, broadcast on Newstalk ZB on 4 May 2011, the host expressed his views on the execution of Osama bin Laden. He stated: . . . The bin Laden photos will not be released, President Obama has announced this today, he said that he didn’t want to hold up a trophy....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – The Justin du Fresne Show – host terminated a call saying “why don’t you just bugger off, you bigoted old silly man” – allegedly unfairFindingsPrinciple 5 (fairness) – robust environment of talkback radio – comments not unfair – 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 18 April 2005, a caller expressed the view that there was one law for Māori and another law for everybody else with regard to carrying weapons in public. Following a brief exchange, the host terminated the call saying “why don’t you just bugger off, you bigoted old silly man”....

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 – 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....