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Decisions
Rice and The Radio Network Ltd - 2008-062
2008-062

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. . ....

Decisions
Tannahill and The Radio Network Ltd - 2003-135
2003-135

ComplaintPaul Holmes Breakfast – Newstalk ZB – Inspector General of SIS described as “old duffer” and “old buffer” – unfair – apology to Inspector General the following morning – process described as travesty – unbalanced – unfair FindingsPrinciple 5 – complaint not upheld by broadcaster – comment questioned competence – uphold No OrderBroadcaster argued that action taken by host sufficient – Authority agrees – no order This headnote does not form part of the decision. Summary [1] The continuing detention of Algerian refugee Ahmed Zaoui was a topic dealt with in an editorial comment by the host on Paul Holmes Breakfast, broadcast on Newstalk ZB at about 7. 25am on 7 August 2003. Expressing his displeasure at the continuing detention, the host described the Inspector General of the SIS, among other things, as an “old gent”, “that old duffer” and “the old buffer”....

Decisions
Arnold and The Radio Network Ltd - 2004-045
2004-045

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

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
Savill and The Radio Network Ltd - 2006-066
2006-066

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – comment included a statement that the Green Party was the party of square dancers – complainant objected to square dancers being associated with the Green Party – allegedly in breach of good taste and decency and denigrated square dancersFindingsPrinciple 1 (good taste and decency) – standard not relevant to complaint – not upheld Principle 7 and guideline 7a (denigration) – square dancers not a “section of the community” to which the guideline applies – not upheldThis headnote does not form part of the decision. Broadcast [1] On 6 June 2006 at approximately 7....

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
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
Fisher and The Radio Network Ltd - 2008-114
2008-114

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....

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
Dickinson and The Radio Network Ltd - 2008-126
2008-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – talkback host discussed politicians and the use of binding referenda – host compared people who did not agree with the use of binding referenda to a woman meeting a man for the first time and saying "I'm yours, do anything you want with me" – allegedly in breach of good taste and decency, law and order, controversial issues, discrimination and denigration and responsible programming Findings Standard 1 (good taste and decency) – host's remark did not invoke connotations of rape – not upheld Standards 2 (law and order), 4 (controversial issues – viewpoints), 7 (discrimination and denigration) and 8 (responsible programming) – standards not applicable – not upheld This headnote does not form part of the decision....

Decisions
Mitchell and Wolf and The Radio Network Ltd - 2004-113, 2004-114
2004-113–114

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....

Decisions
Shepherd and The Radio Network Ltd - 2003-037
2003-037

ComplaintPaul Holmes Breakfast Show – barrage of jokes against French and German military – racist and offensive Findings Principle 7 and Guideline 7a – no discrimination – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] A barrage of jokes relayed on the Paul Holmes Breakfast Show between 6. 00–8. 30am by its presenter, Paul Holmes, was broadcast on The Radio Network Ltd (TRN) on Friday 14 February 2003. The jokes targetted the French and German military. [2] Sylvia Shepherd complained to TRN, the broadcaster, that the jokes were racist, anti-French and offensive. [3] In response, TRN stated that the jokes, which had previously been published in the Sun newspaper in Britain did not encourage denigration of, or discrimination against, the French and were legitimate examples of humour or satire....

Decisions
McEwan and The Radio Network Ltd - 2001-208
2001-208

ComplaintNewstalk ZB – host Larry Williams – guest Michael Laws – New York terrorist attack – President Bush's actions described as pathetic – ignorant and offensive comments FindingsPrinciple 7 – nominated by broadcaster – inappropriate Principle 5 – correct standard – comments not unfair in context – no uphold This headnote does not form part of the decision. Summary [1] The terrorist attack in New York City on 11 September 2001 was the topic discussed on Newstalk ZB between host Larry Williams and commentator Michael Laws at about 6. 20pm on 14 September 2001. During the discussion, Mr Laws described President George Bush’s actions as "pathetic". [2] Murray McEwan complained to The Radio Network Ltd, the broadcaster, that Mr Laws’ comments were "appallingly" ignorant and offensive. He deplored the host’s response who had allowed the guest’s remarks to go unchallenged....

Decisions
Nelson and The Radio Network Ltd - 2003-120
2003-120

ComplaintLeighton Smith Morning Show – Newstalk ZB – interview with Chuck Missler – evangelist from United States – advanced prophecies from the Bible including some predictions about the Antichrist – inaccurate – unfair – unbalanced – encouraged discrimination FindingsPrinciple 4 – sufficient opportunities for balance – no uphold Principle 6 – not inaccurate – no uphold Principle 7 – denigration did not breach threshold – no upholdThis headnote does not form part of the decision. Summary [1] American evangelist, Chuck Missler, was a guest on the Leighton Smith Morning Show, broadcast on Newstalk ZB, between 10–11am on 18 July 2003. In response to questions from the host and from listeners, Mr Missler spoke about the Antichrist and other predictions in the Bible....

Decisions
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
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
Brazier and The Radio Network Ltd - 2001-029
2001-029

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....

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
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
DD and The Radio Network Ltd - 1999-062, 1999-063
1999-062–063

SummaryA weekend in the Wairarapa was the prize in a competition run by radio station 91ZM in Wellington in the first week of February. Listeners were invited to write in and explain why they deserved this holiday. Some entries were read each day, including one from "Malcolm" on Wednesday, and he was subsequently chosen as the winner on Friday. His winning entry was read on both days and he was spoken to on-air on Friday after the announcer telephoned his named place of work and asked for him by name. His entry detailed how his wife of 13 years had left him and his two sons (aged 12 and 9) a little over a year previously as she was having an affair with a 19-year-old. His letter concluded by stating his former wife "has since been dumped by the 19-year-old"....

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