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Harvey and RadioWorks Ltd - 2007-113
2007-113

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – host likened the appearance of a talent show contestant to that of a person suffering from an intellectual disability – allegedly in breach of good taste and decency and social responsibility standards Findings Principle 7 (social responsibility) – host’s comments intended to be positive – item lacked necessary invective to amount to encouraging denigration – not upheld Principle 1 (good taste and decency) – host had no intention to insult or offend – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Radio Live on 27 August 2007 discussed a British talent show contestant named Paul Potts and his rapid rise to fame after his singing audition on the programme “Britain’s Got Talent”....

Decisions
Syron and The RadioWorks Ltd - 2002-092
2002-092

ComplaintRadio Pacific – host Bill Ralston – offensive references to Australian “brown nosing” and “bending over” for the Americans – gutter language FindingsPrinciple 1 and Guideline 1a – context – colloquial language – robust environment – no uphold This headnote does not form part of the decision. Summary [1] The attitude of one senior Australian politician to New Zealand’s approach to ANZUS was commented upon by the talkback host (Bill Ralston) on Radio Pacific at about 10. 00am on 18 March 2002. The host used the terms “brown nosing” and “bending over for the Americans” in describing the attitude of the Australian Government to ANZUS and to the United States. [2] Bob Syron complained to The RadioWorks Ltd, the broadcaster, that the expressions referred to sexual activities and were extremely offensive....

Decisions
Young and The RadioWorks Ltd - 2002-211
2002-211

ComplaintRadio Pacific – Morning Grill – reference to an Authority decision ordering complainant to pay costs to the broadcaster as complaint to broadcaster about use of the word "bugger" was vexatious – "bugger" – offensive language – no tape FindingsPrinciple 1 and Guideline 1a – absence of tape – unable to assess tone – decline to determine This headnote does not form part of the decision. Summary [1] A decision from the Broadcasting Standards Authority was referred to by the presenters of Morning Grill on Radio Pacific between 6. 00–9. 00am on 31 July 2002. The decision involved the Authority ordering a complainant to pay a broadcaster costs of $150 as the Authority found the complaint about a broadcast which contained the word "bugger" was vexatious. The broadcast on Radio Pacific also used the word "bugger"....

Decisions
Hamlett and RadioWorks Ltd - 2011-049
2011-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live News and The Breeze News – news bulletins reported on incident in which a British woman was bitten by a lion cub at Paradise Valley Springs – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statements accurate, or amounted to analysis comment or opinion under guideline 5a – news items not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant was given a fair opportunity to comment on the incident – complainant and Paradise Valley Springs treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A number of news bulletins, broadcast on Radio Live News and The Breeze News on the morning of Monday 13 December 2010, reported on an incident in which a British woman was bitten by a lion cub at Paradise Valley Springs in Rotorua....

Decisions
Waterworth and Wickham and RadioWorks Ltd - 2012-033
2012-033

Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

Decisions
Ryan and The RadioWorks Ltd - 2000-025
2000-025

Summary Host Ritchie Watson told a caller to Radio Pacific to "take a swallow of the body of Christ and have a few gins with it" during his talkback programme broadcast on 23 October 1999 between 11. 00–12. 00pm. Terry Ryan complained to The RadioWorks Ltd, broadcaster of Radio Pacific, that the remarks, which were addressed to him, were a serious breach of decency and good taste. The RadioWorks advised that the remark was unacceptable and reported that the host had apologised and indicated that he had not realised that such comments would offend. It responded that the reference to "having a few gins" had been unacceptable, but did not find that it breached the good taste requirement. Dissatisfied with the station's response, Mr Ryan referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Blanch and Shapiro and RadioWorks Ltd - 2012-072
2012-072

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Decisions
McMillan and RadioWorks Ltd - 2010-050
2010-050

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Devlin on Sport – host read out list of swear words from Authority’s survey – attempts made to censor the words, but some were still distinguishable – RadioWorks upheld a complaint that the broadcast breached good taste and decency – action taken allegedly insufficientFindingsStandard 1 (good taste and decency) – action taken by broadcaster adequate considering the nature of the breach – not upheldThis headnote does not form part of the decision. Broadcast[1] During an item on Devlin on Sport, broadcast on Radio Live at 3. 45pm on Sunday 28 March 2010, the host briefly discussed a survey conducted by the Broadcasting Standards Authority on swear words in broadcasting after an interviewee had used the word “bullshit” during a discussion. [2] The host stated: They’ve just put out today, the BSA, a media release, for immediate release....

Decisions
Lee and The RadioWorks Ltd - 2002-151
2002-151

ComplaintRadio Pacific – news item about woman swept away in a flood – news reader laughed – offensiveFindingsPrinciple 1 – style of delivery of item offensive – apology inadequate – upholdNo OrderThis headnote does not form part of the decision. Summary[1] A news item on Radio Pacific dealt with a woman who was swept away during a flood. The newsreader laughed as he read the item. [2] Glen Lee complained to The RadioWorks Ltd, the broadcaster, that laughter during an item about a human tragedy was offensive. [3] In response, The RadioWorks acknowledged that the item had been accompanied by laughter. It said that the hilarity followed a joke which had been told off-air during a preceding commercial break. However, it added, immediately after the laughter, an announcer apologised. [4] Dissatisfied with the broadcaster's response, Mr Lee referred the complaint to the Broadcasting Standards Authority under s....

Decisions
Fibbens and RadioWorks Ltd - 2011-100
2011-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Henry Drive – referring to the name of the show segment, the host stated, “It’s time for our left right shit fight” – guest stated, “As much as this is meant to be a shit fight Sue, you are going to have to find some more subjects that we disagree on” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – low-level language used in a non-aggressive manner and in a robust talkback environment would not have surprised listeners – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Paul Henry Drive show was broadcast on Radio Live between 3pm and 6pm on Monday 20 June 2011....

Decisions
Caddie and Channel Z Ltd - 1998-037, 1998-038
1998-037–038

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-037 Decision No: 1998-038 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MANU CADDIE of Wellington Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Kiro and RadioWorks Ltd - 2008-108
2008-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws talkback – discussed the release of a report by the Children’s Commissioner and Barnados which stated a quarter of a million children in New Zealand were living below the poverty line – host made critical comments about the Children’s Commissioner and the report – allegedly unfair and failed to present significant viewpoints Findings Standard 4 (controversial issues) – listeners would not expect a range of balanced views from Michael Laws’ talkback – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – host’s criticisms not unfair in robust talkback environment – important principle of freedom of speech that public officials are open to criticism – not unfair to deny complainant’s request to appear on air during unrelated programme – not upheld This headnote does not form part of the decision....

Decisions
Dickinson and The Radio Works New Zealand Ltd - 2001-047
2001-047

ComplaintRadio Pacific – question posed by talkback host – "what is wrong with a father having sex with his daughter anyway?" – breach of good taste – upheld by Radio Pacific – verbal warning given to host – action insufficientFindingsInsufficient action – upholdOrder Letter of apology to be sent to complainantThis headnote does not form part of the decision. SummaryThe host of a Radio Pacific talkback session, broadcast at 3. 00am on 27 December 2000, made the comment on air to a caller, "what is wrong with a father having sex with his daughter anyway?" The topic of incest had arisen in the conversation. Wendy Dickinson complained to the broadcaster, The Radio Works New Zealand Ltd, that the talkback host’s comments were "abhorrent", and should not have been made on radio. The broadcaster upheld her complaint as a breach of Principle 1 of the Radio Code of Broadcasting Practice....

Decisions
Davidson, on behalf of Aotea College, and The RadioWorks Ltd - 2001-116
2001-116

ComplaintThe Edge – comments about Aotea College students – two references to "burning the place down" – reference to breathalysing students – ill-informed, harmful and malicious FindingsPrinciple 5 – misdirected humour – negative comments – borderline – no upholdThis headnote does not form part of the decision. SummaryComments about Aotea College students, made in the course of a discussion about a secondary school stage competition, were broadcast on The Edge (a radio network) on 30 May 2001 between 3. 00pm and 7. 00pm. The announcer twice asked whether students from Aotea College had burned the venue down, and also asked if they had been breathalysed at the door. Julia Davidson, the principal of Aotea College complained to The RadioWorks Ltd, the broadcaster, that the comments were ill-informed, harmful and malicious. The RadioWorks did not uphold the complaint....

Decisions
Baird and RadioWorks Ltd - 2013-041
2013-041

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....

Decisions
Yates and The RadioWorks Ltd - 2002-099
2002-099

ComplaintThe Edge – interview – impersonation of Jeremy Yates – cyclist banned for bad language – interview apparently with Jeremy Yates used offensive language which was beeped out – unfair – misleading – encourages discrimination and denigrationFindingsPrinciple 5 – not obviously a spoof – wrong brother the target for the prank – upholdPrinciple 7 guideline 7a – no group denigrated – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Cyclist Jeremy Yates was banned from participating in events by Cycling NZ for using bad language and displaying bad behaviour. An interview, apparently with Jeremy Yates, was broadcast during the breakfast show on The Edge on 11 April 2002. During the interview, the interviewee frequently used offensive language, which was "beeped out", and expressed displeasure that the broadcaster was not supporting him in his dispute with Cycling NZ....

Decisions
Elders and RadioWorks Ltd - 2010-100
2010-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Rumble – breakfast show hosts on The Rock discussed a story featured on Close Up the previous night about two girls who alleged that, twelve-years prior, an ex-All Black had engaged in sexual activity with one of them while she had been unconscious – the hosts noted that the girl had accepted a payment from the man to settle the matter – one host made the comment, “See, all I see is that that woman and her mate have cashed in at both ends” – allegedly in breach of good taste and decency, controversial issues, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 6 (fairness) – some elements of unfairness – however, hosts entitled to voice their opinions in the manner in which they did – freedom of expression – not upheldStandard 4…...

Decisions
Broad and The RadioWorks Ltd - 2000-032
2000-032

Summary An exchange on The Rock included a conversation between the announcer and an actor portraying a fictitious Australian character called Darryl Brock, during which Darryl Brock asked the announcer whether a woman announcer had "big tits" and if "she bang[ed] like a shithouse door in the wind". The exchange was broadcast at around 9. 00am on 25 November 1999. K E Broad complained to The RadioWorks Ltd, the broadcaster, that the language used was offensive and totally unacceptable, and that children could have heard it because of the time of the broadcast. The RadioWorks responded that the reference to the woman having "big tits" was "perhaps a little raunchy", but was a slang expression and did not contravene broadcasting standards. As to the second remark, the RadioWorks said that the word "shithouse" was also slang and that this remark did not contravene broadcasting standards either....

Decisions
Batchelor and RadioWorks Ltd - 2012-058
2012-058

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

Decisions
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

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