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Decisions
Walker and MediaWorks Radio Ltd - 2018-069 (14 November 2018)
2018-069

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that it was inappropriate to broadcast the song ‘Talk Dirty’ by Jason Derulo at 4pm on The Edge. The Authority noted the language complained about was censored in the song, minimising any potential offence or harm caused. Taking into account relevant contextual factors, including audience expectations of The Edge and the popularity and longevity of the song (first released in 2013), the Authority found that children’s interests were adequately considered and the song was unlikely to cause widespread undue offence. Accordingly, any restriction of the right to freedom of expression on this occasion would be unjustified. Not Upheld: Good Taste and Decency, Children’s Interests The broadcast[1] The song ‘Talk Dirty’ by Jason Derulo was broadcast at 4pm on 17 July 2018 on The Edge radio station....

Decisions
Esler and Mediaworks Radio Ltd - 2017-068 (16 November 2017)
2017-068

Summary [This summary does not form part of the decision. ]An interview was broadcast on Afternoons with Wendyl Nissen with a journalist, about an article she had written regarding the upcoming perjury trial of the secret witnesses who testified in David Tamihere’s murder trial. During the interview the journalist discussed the discovery of one victim’s body, saying, ‘you think of a body turning up… it’s really… bones. The trampers who found [the] body actually stepped on it before they saw it. ’ Ms Nissen replied: ‘So there was a crunch’, adding, ‘– sorry to be disgusting’. A complaint was made that this comment was ‘disgusting, disrespectful’ and ‘in poor taste’....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Neumegen and MediaWorks Radio Ltd - 2018-014 (8 May 2018)
2018-014

Summary[This summary does not form part of the decision. ]A segment on Polly & Grant for Breakfast featured the hosts reading out and discussing a list of countries referred to as ‘the last places on Earth with no internet’. The list was long and included countries such as India, Indonesia, Zimbabwe, Ghana, Guatemala and Nicaragua. The list was evidently sourced from an online article that contained relevant information about the countries listed having internet user penetration rates of less than 20%. That information was omitted during the broadcast, and created an impression that the countries listed had no internet. The Authority nevertheless did not uphold a complaint under the accuracy standard. The Authority noted that the accuracy standard only applies to news, current affairs or factual programming and found that it did not apply to this light-hearted, entertainment-based programme....

Decisions
Alcohol Healthwatch Trust and Mediaworks Radio Ltd - 2020-053 (28 October 2020)
2020-053

The Authority has upheld a complaint that the action taken by MediaWorks in response to a breach of the alcohol standard during The Morning Rumble was insufficient. The Authority agreed that the item, which focussed on an interviewee’s ability to ‘down’ alcohol at a rapid rate, amounted to alcohol promotion that was socially irresponsible. While the broadcaster had apologised to the complainant, and communicated the importance of the alcohol standard internally to content directors of The Rock FM, the Authority found that this was insufficient to remedy the harm caused by the broadcast. Upheld: Alcohol (action taken) Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $1,000 costs to the Crown...

Decisions
Cohen and Mediaworks Radio Ltd - 2020-083 (9 December 2020)
2020-083

In an episode of The Sean Plunket Working Group, one of the presenters commented ‘fuck this is good radio’ before the commercial break. A complaint that this breached the good taste and decency standard was upheld by the broadcaster in the first instance. The Authority1 did not uphold a complaint that the action taken by the broadcaster was insufficient to remedy the breach, considering the word was not intended to be aired, and the broadcaster upheld the complaint in the first instance, apologising for the mistake. The Authority did not uphold a complaint that the references to camps in the broadcast breached the standard as they were made in connection with quarantine management, and did not carry the ‘prison camp’ connotations suggested by the complainant. Not upheld: Good taste and decency (including action taken)...

Decisions
Filmer and MediaWorks Radio Limited - 2020-080 (21 December 2020)
2020-080

The Authority did not uphold a complaint that a spoof of OMC hit song ‘How Bizarre’, in which the singer mimicked the original artist’s accent, breached the discrimination and denigration standard. The Authority found the accent used was an attempt to imitate the distinctive singing voice of Mr Fuemana and sound of ‘How Bizarre’, in the spirit of spoofing the song itself, rather than an attempt to imitate a specifically Māori or Pacific Island English accent. It did not encourage discrimination against or denigration of Māori or Pacific Islanders. Not Upheld: Discrimination and Denigration...

Decisions
Markula and Mediaworks Radio Ltd - 2020-144 (31 March 2021)
2020-144

The Authority has not upheld a complaint about an interview between Magic Talk host Ryan Bridges and World Health Organisation Special Envoy Dr David Nabarro. The complainant argued the interview contained inaccurate information about Sweden’s approach to COVID-19 and mask wearing, and inaccurately suggested Dr Nabarro advocated New Zealand adopt Sweden’s approach. The Authority found the relevant statements were comment, analysis or opinion to which the accuracy standard does not apply. It also concluded they were not materially inaccurate or misleading in the context of the interview. The standards of good taste and decency, balance and fairness either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Balance, Fairness...

Decisions
McAulay and MediaWorks Radio Ltd - 2021-015 (11 August 2021)
2021-015

While filling in on Magic Talk’s Magic Mornings, John Banks discussed former CEO Grainne Moss’s departure from Oranga Tamariki. One talkback caller made comments which were endorsed by Mr Banks. MediaWorks found these were denigrating towards Māori and breached the good taste and decency and discrimination and denigration standards. The Authority upheld a complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. It found the comments were foreseeable in the broadcast environment MediaWorks had created. Upheld: Good Taste and Decency (Action Taken), Discrimination and Denigration (Action Taken) Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $3,000 costs to the Crown...

Decisions
Anderson and MediaWorks Radio Ltd - 2017-094 (2 March 2018)
2017-094

Summary[This summary does not form part of the decision. ]During a segment broadcast on The Edge, the radio hosts made several references to the names ‘Mark Hunt’ and ‘Mike Hunt’, with the apparent intention to imply the phrase, ‘my c***’. The Authority did not uphold a complaint that this conversation breached the good taste and decency standard. The Authority found that, while the conversation was gratuitous and immature, the hosts did not explicitly use the phrase, and the segment as a whole was not so extreme or offensive that it went beyond audience expectations of The Edge radio station. The Authority also declined to uphold the complaint under the children’s interests standard, finding children were unlikely to understand the conversation, mitigating the broadcast’s potential harm....

Decisions
Kelleher and MediaWorks Radio Ltd - 2018-056 (19 September 2018)
2018-056

Summary[This summary does not form part of the decision. ]A complaint regarding a comment made by radio host Wendyl Nissen about US President Donald Trump has not been upheld. During the segment, which reviewed the book, ‘The President is Missing’, Ms Nissen commented, ‘Wouldn’t that be great if [US President Donald] Trump just went missing? Like we just never heard from him again because someone killed him and put him at the bottom of the ocean…? ’ The Authority found the comment did not breach broadcasting standards. This was a flippant comment that was intended to be humorous and was in line with audience expectations for the programme, particularly considering the robust talkback radio environment. The Authority emphasised that humour is an important aspect of freedom of expression and found that limiting the broadcaster’s right to freedom of expression on this occasion would be unjustified....

Decisions
ten Hove and MediaWorks Radio Ltd - 2020-044A (14 October 2020)
2020-044A

The Authority has not upheld a complaint about the use of the phrase ‘Jesus Christ’ during Magic Afternoons with Sean Plunket. Mr Plunket interviewed the Chief Executive of Universities New Zealand about the charging of holding fees for accommodation at university halls of residence during the COVID-19 lockdown period. At the end of the interview, Mr Plunket used the phrase, ‘Jesus Christ’, reacting to the interviewee’s responses before hanging up on him. Noting it has previously determined that the use of variations of ‘Jesus’ and ‘Christ’ as exclamations or expressions of frustration or surprise did not threaten community standards, the Authority did not find any breach of the good taste and decency standard in this case. Not Upheld: Good Taste and Decency...

Decisions
Horowhenua District Council and MediaWorks Radio Ltd - 2018-105 (29 July 2019)
2018-105

A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying....

Decisions
Kauie and MediaWorks Radio Ltd - 2019-085 (25 March 2020)
2019-085

A complaint that a segment on The Breakfast Club, on More FM, where the hosts made jokes and puns about a woman who died after being pecked by a rooster, breached the good taste and decency standard has not been upheld. The Authority found that, while the comments were insensitive and had the potential to cause offence to family of the deceased, the programme as a whole did not reach the threshold required to justify a restriction on the broadcaster’s right to freedom of expression. The Authority found that, considering the context of the item (including the target audience of More FM and the audience expectations surrounding The Breakfast Club and its hosts) and the tone of the item, the item did not undermine widely shared community standards and was unlikely to cause widespread undue offence or distress. Not upheld: Good taste and decency...

Decisions
LN and MediaWorks Radio Ltd - 2016-016 (22 August 2016)
2016-016

Summary[This summary does not form part of the decision. ]The Breeze ran a competition in which listeners were invited to nominate an individual they felt to be deserving of a shopping spree. The programme hosts spoke to a woman (G) on air about her nomination of her friend (N), whom she described as just having left a ‘potentially abusive relationship’. The Authority upheld a complaint from N’s husband, LN, that the broadcast breached his privacy. The Authority found that LN was identifiable due to a combination of identifying features disclosed within the broadcast and readily accessible information outside of the broadcast. It considered the allegations of a potentially abusive relationship and other intimate details of the relationship were highly sensitive and personal, and clearly carried the quality of private information. The disclosure of such information would be highly offensive to an objective reasonable person....

Decisions
Hargreaves and MediaWorks Radio Ltd - 2020-044B (14 October 2020)
2020-044B

The Authority has not upheld a complaint about the host’s language and approach during an interview broadcast on Magic Afternoons with Sean Plunket. Mr Plunket interviewed the Chief Executive of Universities New Zealand about the charging of holding fees for accommodation at university halls of residence during the COVID-19 lockdown period. During the interview Mr Plunket appeared increasingly frustrated and hung up on the interviewee after using the phrase, ‘Jesus Christ’. Noting it has previously determined that the use of variations of ‘Jesus’ and ‘Christ’ as exclamations or expressions of frustration or surprise did not threaten community standards, the Authority did not find any breach of the good taste and decency standard in this case....

Decisions
Hashimoto and MediaWorks Radio Ltd - 2014-040
2014-040

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Summary [This summary does not form part of the decision. ] During Talkback with Sean Plunket, one caller expressed views opposing drilling including the fact drilling resources were sent to China who manufactured it into ‘crap’. Later in the programme, the host sarcastically referred back to the caller’s comments, referring to the ‘Damn Chinese’. The Authority did not uphold the complaint that his comments were offensive and disrespected Chinese people. The host was being sarcastic, and was actually defending China, not being derogatory. In any case the comments did not carry any invective and did not encourage the denigration of, or discrimination against, Chinese people. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Sean Plunket, one topic of discussion was proposed offshore drilling in Taranaki....

Decisions
Marra and MediaWorks Radio Ltd - 2019-023 (18 July 2019)
2019-023

The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply....

Decisions
Harrison and MediaWorks Radio Ltd - 2019-024 (18 July 2019)
2019-024

The Authority has not upheld a complaint that a segment of Dom, Meg and Randell breached the good taste and decency and children’s interests standards. The Authority found that, while comments made on the show may have been distasteful to some, the broadcaster’s right to freedom of expression includes the right to broadcast such material provided this does not cause undue harm. The Authority found that, given the well-established nature of the programme, the station and their target audience, listeners and particularly those with children in their care had sufficient information to make an informed decision about what they listened to. The Authority noted that the standards do not prohibit inexplicit sexual references or sexual innuendo during children’s normally accepted listening times, and it was likely that many of the references during this segment would have gone over the heads of child listeners....

Decisions
Ihaia & IM and MediaWorks Radio Ltd - 2015-074 (10 March 2016)
2015-074

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

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