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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Listeners’ Choice Countdown – song titled “Killing in the Name” by Rage Against the Machine – broadcast at 9. 30am – contained the lyrics “Fuck you, I won’t do what you tell me” repeated 16 times, followed by the word “motherfucker” – allegedly in breach of standards relating to good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – song inadequately censored – excessive use of expletives would have significantly departed from audience expectations – upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 1No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Killing in the Name” by rock band Rage Against the Machine was broadcast during the Listeners’ Choice Countdown on Radio Hauraki at approximately 9. 30am on Thursday 17 February 2011....

The Authority has not upheld a complaint that a segment of Fletch, Vaughan and Hayley, discussing the statistic that 20% of New Zealanders admitted to ‘snooping’ on their partners’ devices, breached the discrimination and denigration standard. Following a story about a listener catching her partner cheating using his ‘find my iPhone’, the hosts made brief comments that ‘the gays should run a course’. The complainant considered the segment denigrated people who identify as gay and perpetuated a negative stereotype that gay people are sneaky. In the context, the Authority found the comments were unlikely to encourage different treatment of gay people to their detriment or devalue the reputation of gay people. Not Upheld: Discrimination and Denigration...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Complaint received by broadcaster 21 working days after the broadcast – broadcaster declined to consider as a formal complaint – issue as to Authority’s jurisdiction to consider complaintFindingsSection 6(2) of the Broadcasting Act states that complaints must be “lodged in writing with the broadcaster” within 20 working days after the broadcast – broadcaster was not obliged to consider complaint – Authority has no jurisdiction to consider complaintThis headnote does not form part of the decision. Background [1] Nilanka Fonseka wrote a letter of complaint to The Radio Network Ltd (TRN) about comments broadcast on 6 February 2006 on ZM radio (90. 9FM). [2] The complaint was received by TRN on 7 March 2006. TRN declined to accept his complaint as a formal complaint, as it had arrived “outside the 20 days allowed since the broadcast to qualify as a formal complaint”....

Complaint Radio Sport – host Doug Golightly told caller, “For Christ’s sake, piss off” – offensive – unfair Findings Principle 1 – context – not upheld Principle 5 – comment directed at caller – bad tempered – verging on breach – not upheld This headnote does not form part of the decision Summary [1] During a talkback session on Radio Sport on 13 December 2003, at about 10. 00am, the host Doug Golightly said to a caller, “For Christ’s sake, piss off”. [2] Chris Baker complained to The Radio Network Ltd (TRN), the broadcaster, that the language was offensive and the comment was unfair. [3] In response, TRN declined to uphold the complaint. It considered the attitude apparent and the language contained in the item were acceptable in the robust style of talk show hosted by Mr Golightly....

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

The Authority has not upheld a complaint that a discussion on Callum & P breached the privacy of a person interviewed on-air by disclosing their COVID-19 vaccination status. The Authority found the interviewee was a willing participant in the disclosure of her vaccination status. On this basis the broadcast did not breach the privacy standard. Not Upheld: Privacy...

ComplaintRadio Sport – talkback discussion of South Africa & New Zealand one day cricket match – callers’ questions about match-fixing and bonus point – host terminated one call apparently from an Asian with reference to match-fixing in the sub-continent – another call terminated with sarcasm – unfair – racist FindingsPrinciple 5 – sports talkback is robust – no uphold Principle 7 – opinion not racial slur – no uphold This headnote does not form part of the decision. Summary [1] The result of the previous evening’s one day cricket match between New Zealand and South Africa was one of the topics on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 2 February 2002 hosted by Doug Golightly. One caller questioned whether the result was fixed, and another asked whether South Africa had earned a bonus point....

Summary [This summary does not form part of the decision. ]During his talkback show, host Leighton Smith in a conversation with a caller about the impact of cultural and religious beliefs on others, asked, ‘How do you think the Muslims will fit into that? ’ He then repeated the question as, ‘How do you think the beheaders will fit into that? ’ The Authority did not uphold a complaint that this promoted anti-Islamic sentiment and was extremely offensive. While the comment was objectionable, it was relatively brief and not repeated, and did not reach the high threshold necessary to constitute hate speech or encourage discrimination or denigration. Mr Smith was also apparently questioned about the comment by the programme producer and he attempted to explain what he meant....

Summary[This summary does not form part of the decision. ]During a talkback segment on the Leighton Smith Show, the host discussed the recent legal personhood granted to the Whanganui River. The complainant, Mr Haines, phoned in to the programme to discuss the issue. After a two-and-a-half minute conversation, Mr Smith responded that it was ‘stupidity to give [the Whanganui River] equal status as a person. Now get off the phone,’ and made comments about Mr Haines self-identifying as Māori. The Authority did not uphold a complaint that Mr Smith’s statements were derogatory and insulting to Mr Haines and to Māori people. While the Authority acknowledged that Mr Smith’s comments could be seen as dismissive and disrespectful, in the context of the robust talkback radio environment, they did not reach the level necessary to constitute unfair treatment or to encourage discrimination or denigration....

Summary[This summary does not form part of the decision. ]During a discussion on Radio Sport's Crowd Goes Wild Breakfast show about the Black Caps' recent win over Bangladesh, one of the hosts said that anyone who criticised cricketer Martin Guptill could 'take your criticism and ram it up your arse'. The Authority did not uphold the complaint that this comment was irresponsible and inappropriate for broadcast at a time when children were likely to be listening. The language used would not have unduly surprised or offended regular listeners taking into account audience expectations of the hosts' well-known style, and of Radio Sport. The segment was otherwise innocuous and was not targeted at children. Not Upheld: Responsible ProgrammingIntroduction[1] During the Crowd Goes Wild Breakfast show on Radio Sport, the hosts discussed the Black Caps' recent win over Bangladesh....

Summary[This summary does not form part of the decision. ]During The Devlin Radio Show, host Martin Devlin was forcefully outspoken about an abusive text message he had received from the complainant, TF. Mr Devlin read out the complainant’s mobile phone number multiple times and phoned the complainant on air while making abusive comments about them. The Authority upheld a complaint that Mr Devlin breached the complainant’s privacy. While the Authority did not condone the strongly-worded text message initially sent to Mr Devlin, Mr Devlin’s response was disproportionate and unprofessional, even in the context of the robust talkback radio environment. The complainant had a reasonable expectation of privacy in relation to their personal mobile number, and Mr Devlin’s comments amounted to a sustained and personal attack against the complainant, making use of private information to personalise the abuse and implicitly encouraging harassment of TF....

Summary [This summary does not form part of the decision. ]Following news of Kim and Mona Dotcom’s marriage breakup, the Hauraki Breakfast Show featured a satirical interview with a sex therapist. The Authority did not uphold the complaint that this was offensive and in bad taste, and unsuitable for broadcast at 8. 35am. The content was typical of Radio Hauraki and would not have unduly surprised or offended regular listeners. Not Upheld: Good Taste and DecencyIntroduction[1] In the wake of Kim and Mona Dotcom’s marriage break-up, three hosts on the Hauraki Breakfast Show interviewed a ‘sex therapist’ on the issue of what they described as ‘big on small sex’. The ‘sex therapist’ was apparently not a real doctor, but playing the part in a scripted satirical skit. The discussion was broadcast at 8. 35am on Radio Hauraki on 19 May 2014....

Summary[This summary does not form part of the decision. ]During an editorial segment on KPMG Early Edition, host Rachel Smalley discussed the standing down of British Labour MP Naz Shah after accusations of anti-Semitism. Ms Smalley went on to question why criticism of Israel is often viewed as criticism of the Jewish faith, referring to comments she made during a broadcast in 2014 which were critical of Israel and the ‘abuse’ she received in response. The Authority did not uphold a complaint alleging that Ms Smalley’s reference to her previous comments was misleading – partly because she did not refer to the Authority’s finding that one of her previous statements was inaccurate – and that the item was unbalanced....

Complaint under section 8(1C) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – on the face of it the game perpetuated racial stereotypes – however the outcome as broadcast demonstrated flaws in stereotyping – attempt at humour and satire – freedom of expression outweighed potential harm caused – contextual factors – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage the denigration of, or discrimination against, any of the groups referred to as sections of the community – guideline 7a provides exemption for humour and satire – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – segment was an attempt at humour and satire – the outcome as broadcast demonstrated flaws in stereotyping – broadcast would not have offended most listeners in context, was not socially irresponsible, and did not reach high threshold required for encouraging denigration of, or discrimination against, any of the groups referred to as sections of the community – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]A regular comedy skit on Radio Sport show The Sauce involved a host impersonating All Blacks coach Steve Hansen and giving ‘top tips’ on various topics. In the segment complained about, the host, mimicking Mr Hansen, addressed the topic of ‘sackings’, stating: ‘. . . Simply whip your scrot [scrotum] out and just rest it casually on their thigh, buttocks or forehead. ’ The Authority did not uphold a complaint that the segment made light of, and condoned, sexual assault. The Authority found that, in the context of the skit, which was a regular comedy skit broadcast weekly on The Sauce, the segment did not make light of, or encourage listeners to laugh about, sexual assault....

Summary [This summary does not form part of the decision. ]On two occasions, the presenters of the Hauraki Breakfast Show made comments about masturbation. The Authority did not uphold the complaint that the comments were unacceptable for broadcast at a time when children could be listening. The comments were consistent with the expectations of Radio Hauraki’s adult target audience, and would not have unduly surprised or offended regular listeners. Both items were light-hearted and intended to be humorous rather than offensive. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] In two separate items, the presenters of the Hauraki Breakfast Show made comments about masturbation. The first item was broadcast on 5 March 2014 at 7. 34am and the second item was broadcast on 27 March 2014 at 7. 50am....

Summary [This summary does not form part of the decision. ]A Radio Sport host commented to the programme producer, ‘I wonder when Team New Zealand are going to tell us all that one of their chief designers quit a couple of weeks ago. ’ The Authority did not uphold the complaint that this was inaccurate because no designer had resigned. Listeners would have interpreted the comments as speculation or gossip, rather than confirmed fact. Not Upheld: AccuracyIntroduction[1] During The Devlin Radio Show on Radio Sport, the host commented to the programme producer, ‘I wonder when Team New Zealand are going to tell us all that one of their chief designers quit a couple of weeks ago. ’ The programme was broadcast on 30 June 2014....

Summary [This summary does not form part of the decision. ] During a segment called ‘The Huddle’ on the Larry Williams Drive Show, the host and two political bloggers discussed the candidates running for the Labour Party leadership. One of the bloggers referred to two politicians needing their ‘throat cut’. The Authority did not uphold the complaint that the comments were inappropriate. The comments were brief, intended to be metaphorical, and acceptable in the context of a robust political discussion broadcast on Newstalk ZB. Not Upheld: Good Taste and Decency Introduction [1] During a segment called ‘The Huddle’ on the Larry Williams Drive Show, the host and two political bloggers discussed the candidates running for the Labour Party leadership....