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Trigg and The Radio Network Ltd - 2004-159
2004-159

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – Larry Williams Breakfast Show – three-way discussion between host and two guests about Tuvaluan overstayer recently convicted of assaulting his wife for second time – guest made comment purporting to justify violence against women – allegedly in breach of good taste and decency – allegedly denigratory of women Findings Principle 1 (good taste and decency) – in context, no obscene language or content – not upheld Principle 7 (social responsibility) – Guideline 7a (denigration) – taken in isolation comments offensive – but in context, comments clearly not meant to be taken at face value – not upheld This headnote does not form part of the decision....

Decisions
Sabine and The Radio Network Ltd - 2001-066
2001-066

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....

Decisions
Porter and The Radio Network Ltd - 2005-107
2005-107

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – film review – reviewer used words “she doesn’t get my balls going” – allegedly offensiveFindingsPrinciple 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] A film reviewer on Newstalk ZB said of an actor “she doesn’t get my balls going”. The review was broadcast during the Saturday morning Mike Hosking show at 9. 45am on 16 July 2005. Complaint [2] Gaile Porter complained to The Radio Network Ltd, the broadcaster, that the language was inappropriate at a time when her grandchildren were listening. She said the phrase, which was broadcast twice, was offensive. Principles [3] TRN assessed the complaint under Principle 1 of the Radio Code of Broadcasting Practice....

Decisions
Rigarlsford and The Radio Network Ltd - 2005-058
2005-058

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”....

Decisions
Duggan and The Radio Network Ltd - 2004-086
2004-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to streaking incident during rugby game – host commented that streaker used baby oil “no doubt to prepare himself for the police baton” – alleged breach of good taste and decency, balance, fairness and accuracyFindings Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – does not apply to editorial/opinion pieces – not upheld Principle 7 – Guideline 7a (denigration) – police not denigrated – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 8. 00am on 23 March 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented about a streaker incident which occurred during a Super 12 Rugby game at Hamilton Park....

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
Clark and The Radio Network Ltd - 2013-063
2013-063

Summary [This summary does not form part of the decision. ]During a segment called ‘The Huddle’ on the Larry Williams Drive Show, involving a discussion about the candidates for the Labour Party leadership, one of the panellists commented that a candidate ‘enjoys being stabbed from behind’. The Authority did not uphold the complaint that the comment was offensive and ‘disgusting’ because it allegedly referred to a gay candidate and amounted to ‘double entendre’. The comment was quick and open to more than one interpretation, and even if double entendre of a sexual nature was intended, this was well within the panellist’s right to free speech, and was permissible in the context of a discussion about a legitimate issue, aimed at an adult target audience....

Decisions
Cumin and The Radio Network Ltd - 2014-098
2014-098

Summary [This summary does not form part of the decision. ] During KPMG Early Edition, the host read out an opinion piece criticising Israel’s actions in the Israel-Hamas conflict. She referred to a recent bombing of a UN school which ‘killed everyone inside’. The Authority upheld the complaint that this was inaccurate, as in fact 16 out of 3,300 people sheltering in the school were killed. It did not uphold the complaint other statements were inaccurate, as they were clearly the host’s opinion. The Authority did not make any order, as publication of this decision is sufficient to correct the error. Upheld: Accuracy No Order Introduction [1] During Newstalk ZB’s KPMG Early Edition the host read out an opinion piece about the current Israel-Hamas conflict, in which she was heavily critical of Israel’s actions....

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
Smith and The Radio Network Ltd - 2002-058
2002-058

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....

Decisions
Clarke and The Radio Network Ltd - 2013-077
2013-077

Summary [This summary does not form part of the decision. ]During a panel discussion on the Mike Hosking Breakfast show about the government’s funding of America’s Cup campaigners, one of the panellists said ‘fucking’. She immediately apologised for the slip-up, and the other participants rebuked her in a light-hearted manner. The broadcaster upheld the complaint and counselled the panellist. The Authority found that the action taken by the broadcaster was sufficient. It noted the comment was made during a legitimate discussion about a matter of public interest, and all of the participants acknowledged at the time that the swearing was inappropriate....

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....

Decisions
Christian Heritage Party and Claasen and The Radio Network Ltd - 1999-157, 1999-158
1999-157–158

Summary An item on the Larry Williams Programme focussed on the resignation from the Alliance Party of Mr Frank Grover MP. The item included interviews with Mr Jim Anderton, the leader of the Alliance Party, and with Mr Grover. It was broadcast on Newstalk ZB on 11 June 1999, commencing at about 6. 15 pm. Both John Bryant, the Executive Director of the Christian Heritage Party, and Adam Claasen of Christchurch complained to The Radio Network Limited, the broadcaster, that the item was untruthful, unfair, deceptive and unbalanced. Mr Grover had agreed to the interview on the basis that Mr Anderton was not "on the call at the same time", they wrote, but by including Mr Anderton in the interview, the host had breached that agreement....

Decisions
Milnes and The Radio Network Ltd - 2010-171
2010-171

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…...

Decisions
Canterbury District Health Board and The Radio Network Ltd - 2004-133
2004-133

Complaint under section 8(1)(a) of the Broadcasting Act 1989Mike Yardley Mornings – Newstalk ZB – discussion about financial problems at Christchurch Hospital – allegedly unbalanced, inaccurate and socially irresponsible FindingsPrinciple 4 (balance) – balanced discussion in talkback context – not upheld Principle 6 (accuracy) – one comment about acute demand provision inaccurate – upheld Principle 7 (social responsibility) – balanced discussion in talkback context – not upheld No Order This headnote does not form part of the decision. Broadcast [1] On 29 April 2004, Newstalk ZB talkback host Mike Yardley introduced the Mike Yardley Mornings show with a discussion about financial problems at Christchurch hospital....

Decisions
Cao and The Radio Network Ltd - 2008-143
2008-143

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....

Decisions
Jones and The Radio Network Ltd - 1999-027
1999-027

SummaryA dramatised story called "World City" was read by the breakfast programme host on Newstalk ZB on 3 December at about 7. 40am. It purported to portray two lovers, named Monica and Bill, and the script contained a number of implied sexual references. Mr Jones of Auckland complained to The Radio Network Ltd, the broadcaster, that the programme content breached the good taste standard, and was unsuitable for broadcast at a time when children could be listening to the radio. In his view, the script was close to being pornographic in its details. TRN responded that the segment complained about was not aimed at children, but was intended to be humorous and satirical. It noted that the station as a whole was aimed at an adult market. In its view, the sexual references were not offensive and would not have breached the standard....

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
Du Fall and The Radio Network Ltd - 2014-055
2014-055

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....

Decisions
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....

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