BSA rejects Labour’s complaint on all grounds

October 14th, 2011 at 10:00 am by David Farrar

The Broadcasting Standards Authority has just released its decision on their complaints against the PM hosting a non-political hour of talkback on .

They have rejected ’s complaint on every ground argued, and their conclusion was:

Our opinion therefore is that even if this programme were held to be an election programme, which we do not consider it was, it would not have breached any of the standards raised by the complainant.

So the has said that in their view it was not an election programme, but even if it was it breached no standard. This suggests that the Electoral Commission are unlikely to find it was an election programme also, unless they radically depart from the ’s reasonings.

The real winner in all of this is . They have a tiny listenership, and if Labour had not whined about the one hour show, would have passed without much notice. But thanks to their complaints and Radio Live have had two weeks of publicity about it.

The decision is embedded below.

Radio Works 14 Oct

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24 Responses to “BSA rejects Labour’s complaint on all grounds”

  1. awb (302 comments) says:

    So Labour’s pathetic hissy fit didn’t pay off, no big news there. Lets not forget though that John Key was talking about his cat when a Kiwi soldier had just been killed, and our credit rating had been downgraded. That shows weak leadership, regardless of the legality of the Radiolive show.

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  2. petal (705 comments) says:

    The only thing politically motivated in this whole sordid mess was the complaint itself.

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  3. East Wellington Superhero (1,151 comments) says:

    John Key (National) 47, Phil Goff (Labour) nil. Phil needs to get some points on the board if he thinks Labour can win the election.

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  4. leftyliberal (642 comments) says:

    A good, obvious, decision. The same decision will mean that Ridge’s advert would also be fine.

    I think the law needs to be looked at again – there doesn’t seem to be much evidence that it’s working particularly well.

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  5. Graeme Edgeler (3,280 comments) says:

    BSA fail.

    They state that the definition of election programme is contained in section 69 of the Broadcasting Act. That is where a definition of election programme is found. The important definition of election programme for the BSA is found in section 2. The BSA only has jurisdiction over election programmes lawfully broadcast after writ day.

    Even if this was an election programme as defined by s 69, and even if John Key spent the entire hour asking for votes, this still wouldn’t be covered by the election programmes code. It should have been rejected on that basis.

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  6. awb (302 comments) says:

    EWS – John Key has come out of this looking grubby, so I really don’t think you could say he’s winning by so much. Having said that, Goff scored no points out of this either. The overall result is a very muddy draw.

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  7. La Grand Fromage (145 comments) says:

    The ruling is invalid. I have heard from the Standard that the evil John Key took some time off from eating babies to use some of his enormous wealth (gained at Merril Lynch for his role in covering up that 9/11 was in fact carried out by the US Government) to pay the BSA to come to this conclusion.

    It came from the same account as the money paid to thw CEO of National Radio to silence Martyn “Borer” Bradbury.

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  8. david (2,571 comments) says:

    As the dervishes whirl faster and faster, the mud splatter goes further but is spread thinner and is thus much much less likely to stick.

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  9. BeaB (2,104 comments) says:

    awb
    You need to get that other eye opened.

    But once again, over-paid public watchdogs telling us what we all know anyway and, even if it was blatant vote-seeking, so what? We are not morons. We still make up our own minds and don’t need someone else to tell us what we hear or think or read.

    John Key is our man for all seasons while poor old Phil is photographed pretending to shovel oily sand in his business shoes, suit trousers and a hastily-donned vest instead of his suit jacket. He could at least have put on a pair of gumboots but then it is authenticity that is his biggest problem.

    While John Key can talk about his cat, national crises etc etc and we know he knows what he is talking about.

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  10. thedavincimode (6,606 comments) says:

    Oh well, looks like the fuckwit Goff will have to go back to Papamoa for another photo shoot to try and drum up some publicity.

    awb

    “The overall result is a very muddy draw”

    phsss

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  11. Elaycee (4,351 comments) says:

    This bleat to the BSA was another desperate attempt by Goofy to gain some relevance.

    Next in line will be Wussell… :P

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  12. Inventory2 (10,264 comments) says:

    So; is Labour going to complain to the BSA about Winston Peters doing an hour-and-a-half of highly political talkback with Willie and JT earlier this week? Or do they only complain about John Key?

    In the meantime, will RadioLive give Phil Goff an hour, or would it kill their ratings?

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  13. Someone Else (140 comments) says:

    I was immediately suspicious when:

    1. The BSA released their decision before the Electoral Commission did;
    2. The Electoral Commission know more about what ‘electioneering’ is and therefore the BSA would benefit from the EC to understand what ‘election programming’ would mean in this case;
    3. The Chair and members of the BSA were both appointed by Jonathan Coleman – a National minister; and
    4. BSA member Leigh Pearson’s partner Sean Plunket hosts a show that airs on MediaWorks.

    Is this another whitewash? I hope that the Electoral Commission injects some integrity into this issue. It was pretty blatant electioneering and Team John Key know it!

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  14. Graeme Edgeler (3,280 comments) says:

    @Someone Else – Leigh Pearson declared a conflict of interest and took no part in the decision.

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  15. Lance (2,620 comments) says:

    @awb and Someone else

    Your combined pathetic attempt to look subjective fools no-one
    Lefty trolls are easy to spot

    No traction to be had here, move on

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  16. kiwi in america (2,495 comments) says:

    Someone else
    Your name should be Somewhere else because you clearly didn’t read the finding. The Broadcasting Act is pretty specific about what constitutes electioneering and nothing Key said or did (nor Media Works for inviting him) rose even close to the definition. Any Labour appointee tasked with administering the same legislation would be forced to come to the same conclusion. And as for your inference of Plunket’s possible conflict of interest, setting aside Plunket obvious partisan tilt to the left, what possible role would he have had as the host of a TELEVISION show broadcast by TV 3 in inviting Key to host a show broadcast by a commercial RADIO channel. Ah but of course Mediaworks are an evil corrupt corporation who every move is suspect…in the eyes of the left. Tell us you’d be just as outraged had Helen Clark been invited to “The PM’s Hour” in 2007.

    Labour will be spewing about this. This is YET ANOTHER silly tin eared own goal from the Goffice. They should’ve gnashed their teeth over the free publicity Key undoubtedly got and left it at that – the complaint raised the profile of the event even higher, elongated its political use to National in the news cycle AND managed to yet again make Goff to look churlish.

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  17. awb (302 comments) says:

    Hey davincimode I’m not saying I think Labour won anything either, no winners here, hence the draw.

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  18. Johnboy (15,903 comments) says:

    A thinking man might suspect from all this that Goofy’s shoveling photo op was cut short cause the shit inexplicably leaped up off the shovel and hit him in the gob. :)

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  19. Inventory2 (10,264 comments) says:

    No draw awb; Labour rolled the dice, and lost its shirt. The only people who come out of this looking like losers are Phil Goff, Francesca Mold and Chris Flatt.

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  20. thedavincimode (6,606 comments) says:

    awb

    You are missing the point. There was no “contest” here. Just a stupid complaint by the Stupid Party.

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  21. thedavincimode (6,606 comments) says:

    Johnboy

    No chance of any shit winding up in the fuckwit Goff’s mouth given that he routinely keeps both feet jammed into it.

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  22. Ender (105 comments) says:

    Wahahaha “obviously the media is part of the National party propaganda machine.”

    Such clever people posting on The Standard.

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  23. BeaB (2,104 comments) says:

    Barry Corbett has just told us on Jim Mora’s panel that Geoffrey Palmer, then Labour PM, appeared on his radio programme for an hour before the 1989 election. He was the DJ, read the news and weather etc etc.
    Just typical of Labour. It’s OK when they do something but they whinge and moan if someone else does it. What a pack of sooks they really are.
    Thank goodness National don’t waste their own time or ours complaining about everyone else. They just keep working hard to govern the country.

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  24. Nookin (3,263 comments) says:

    “Hey davincimode I’m not saying I think Labour won anything either, no winners here, hence the draw.”
    This statement really does epitomise the attitude of the Labor Party. Everything is factionalised. It is “us” against “them”. Everything is a contest where the Labor Party is fighting for a much greater share of the pie. If you actually sat down and thought about it, you might like to consider that by abandoning this stupid approach, you might come up with a means of making the pie a bit bigger.

    You say that there are no winners here. Media works promoted this as a publicity stunt. Look at the publicity they got. The Labor Party, in its ignorance, is simply prolonging that publicity. Phil Goff has already said that he would have lept at the chance of an hour on radio. The Labor Party’s dismissed complaint is therefore seen as a churlish case of sour grapes which does not in any way diminish the success of the promotion by Media Works. There is a clear winner here. Media Works got publicity from public participation and now it is getting even more publicity because of the stupidity of the Labor Party.

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