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During the programme Sunday Mornings with The Resident Builder on Newstalk ZB, the host described how he used to make an implement to shoot fireworks as a young boy, ‘à la a good old fashioned sort of flintlock. ’ The complainant alleged these comments could have encouraged children listening to imitate the host’s actions and put themselves or others in danger, in breach of the children’s interests standard. The Authority did not uphold the complaint, finding the comments were not likely to adversely affect children, taking into account the programme’s target audience and the nature of the comments.   Not Upheld: Children’s Interests...

The Authority has not upheld a complaint about comments made during Perspective with Heather du Plessis-Allan on Newstalk ZB regarding the New Zealand Police’s decision to continue with charges against Ms Z, the woman involved in the Jevon McSkimming case. The complaint was that the comments – including labelling their relationship an ‘affair’, saying Ms Z was ‘not innocent’, and referencing ‘bunny-boiler behaviour’ – demonstrated classic ‘victim blaming’, minimised and misrepresented Ms Z’s experience, and were unbalanced and unfair. The Authority considered the segment overall was consistent with well-established audience expectations, and any potential offensiveness or unfairness arising from some of the comments did not outweigh the right to freedom of expression or the public interest. The Authority also found the comments were either clearly opinion or not materially inaccurate and not required to be balanced in the context....

The Authority has not upheld a complaint about a ‘crude’ and ‘insulting’ remark made on Heather du Plessis-Allan Drive. The host asked whether Dr Ashley Bloomfield’s ‘sphincter just [tightened]’ to indicate her belief that Dr Bloomfield might be concerned about the results of the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the host’s comment was unlikely to disproportionately offend or disturb the audience. The threshold for finding a breach of the fairness standard is higher in relation to public figures, and the remark did not meet this threshold. The remaining standards did not apply. Not Upheld: Offensive and Disturbing Content, Fairness, Discrimination and Denigration, Balance...

Summary[This summary does not form part of the decision. ]An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle. The Authority did not uphold a complaint alleging that the item was distasteful. Taking into account contextual factors such as the adult target audience of Coast FM and that the item was a brief and straightforward report, the broadcast did not threaten current norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle....

Summary [This summary does not form part of the decision. ]The hosts of the Jay, Flynny and Zoe Marshall show made comments that Chihuahuas look like ‘ball bags’ and ‘a scrotum with four legs’. The Authority did not uphold the complaint that these comments breached standards of good taste and decency. They were clearly intended to be humorous, and while children could have been listening at 3. 25pm, they would not have offended most listeners taking into account relevant contextual factors, including the station’s target audience and the expectations of regular listeners. Not Upheld: Good Taste and Decency Introduction[1] During the Jay, Flynny and Zoe Marshall show, the hosts commented on a listener’s text message about their pet Chihuahua, saying, ‘[Chihuahuas] are like a little skin ball bag thing, aren’t they…? ’, and, ‘They are a scrotum with four legs, those dogs’....

ComplaintRadio Sport – talkback discussion about New Zealand cricket team’s performance at the World Cup – caller suggested host was overly critical of the team – host’s response – abusive – unfair – sexist FindingsPrinciple 1 – subsumed Principle 5 – sports talkback is robust – no uphold Principle 7, Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] The New Zealand cricket team’s performance at the World Cup was discussed on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 15 March 2003 hosted by Doug Golightly. One woman caller suggested to the host that he was overly critical of the team. The host advised the caller to return to domestic duties....

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....

During Jono and Ben on The Hits radio station, one host commented the weevils in his pantry were ‘procreating faster than a solo mother in Nelson’. The Authority did not uphold a complaint that this breached the discrimination and denigration standard, finding ‘solo mothers’ do not amount to a section of the community to which the standard applies. In any event, the comment did not meet the threshold required to find a breach of the standard. Not Upheld: Discrimination and Denigration...

The Authority has declined to determine an accuracy complaint about a news bulletin referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

The Authority has not upheld a complaint about comments made by a caller on Newstalk ZB’s Tim Roxborogh show. The caller was explaining why he ‘fell out of love with Cuba’ and expressing disbelief that a place so close to the United States could be characterised by what he described as ‘poverty and the sheer nothingness of everything’, also saying, ‘you’re not in Africa… you are 90 miles from America’. The complaint was that this remark equated the entire African continent and its people with poverty, was discriminatory, and was not challenged by the host. The Authority acknowledged the complainant’s concerns, but found the passing reference by a caller did not reach the high threshold for a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – played soundtrack which conveyed the impression that a woman was having sex with a bull – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – soundtrack was gratuitous and prolonged – theme of bestiality would have offended a significant number of listeners – played when children were likely to be listening – upheld No Order This headnote does not form part of the decision. Broadcast [1] At approximately 10. 15am on Sunday 22 October 2006, the presenter of Radio Sport played an audio track containing sounds which conveyed the impression that a woman was having sex with a bull. The soundtrack lasted for 34 seconds, after which the presenter made the following comments: My god is there nothing those people won’t get up to up there....

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 1989Thomas the Tanked Engine – use of the word “faggot” – allegedly in breach of social responsibility Findings Principle 7 (social responsibility) and guideline 7a (denigration) – threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called Thomas the Tanked Engine, broadcast on Radio Hauraki’s Breakfast Show on 29 October 2007, the word “faggot” was used by the character Thomas. The following exchange took place between the characters Thomas and Percy: Thomas: Look Percy, there are the two key members of “King”. Percy: Queen. Thomas: Faggot. Percy: No Thomas, they’re (indistinct), oh never mind. . . Complaint [2] Michael Botur made a formal complaint to The Radio Network (TRN), the broadcaster, alleging that the character’s use of the word “faggot” was in breach of social responsibility standards....

The majority of the Authority did not uphold a complaint that a comment made by Mike Hosking during a ‘Mike’s Minute’ segment of Mike Hosking Breakfast about the government’s surplus breached the accuracy standard. The majority found that, considering a number of contextual factors, the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts to which the accuracy standard does not apply. The minority view was that Mr Hosking’s comment was an inaccurate statement of fact on which he then based his opinion and that the broadcaster did not make reasonable efforts to ensure the accuracy of the statement on which the following comments were based. Not Upheld by Majority: Accuracy...

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

The Authority has not upheld a complaint that action taken by NZME Radio Ltd was insufficient, after the broadcaster upheld a complaint under the discrimination and denigration standard about the use of the phrase ‘you’d have to be on the spectrum’ on Newstalk ZB’s Heather du Plessis-Allan Drive programme. As part of a discussion about the ‘political week that was’, political reporter Barry Soper commented, ‘you would have to be on the spectrum to go out there and vote for them [Te Pāti Māori]’, which the complainant considered was discriminatory towards people with autism. The Authority found the broadcaster’s decision to uphold the complaint, apologise to the complainant, and counsel du Plessis-Allan and Soper on the importance of considering the potential offence and impact of comments on sections of the community, was sufficient in the circumstances. Not Upheld: Discrimination and Denigration (Action Taken)...

A news bulletin on Newstalk ZB reported on the upcoming speaking tour of New Zealand by Posie Parker. The complainant considered the item’s portrayal of Parker (including through its tone and description of Parker as an ‘anti-trans rights activist’ and a ‘trans-exclusionary speaker’ rather than a ‘women’s rights campaigner’) was in breach of the balance, fairness, accuracy and discrimination and denigration broadcasting standards. The Authority found the balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ a controversial issue of public importance and, in any event, listeners would have been aware of alternative viewpoints. The Authority also found, given Parker’s views, the descriptions ‘anti-trans rights activist’ and ‘trans-exclusionary speaker’ were fair and accurate. The discrimination and denigration standard did not apply. Not Upheld: Balance, Fairness, Discrimination and Denigration, Accuracy...

The Authority has not upheld a complaint which allegedly featured ‘gendered and vulgar’ language on Heather du Plessis-Allan Drive. The presenter suggested the Prime Minister needed to grow ‘a bigger set of balls’ in response to his handling of the resignation of cabinet minister Andrew Bayly. The Authority concluded the presenter’s language, while provocative, was unlikely to cause widespread undue offence or distress among the audience. Not Upheld: Offensive and Disturbing Content ...

The Authority has not upheld a complaint that a segment of Fletch, Vaughan and Hayley discussing Ministry of Education guidelines for relationships and sexuality education breached the children’s interests standard. As part of the segment, the hosts indicated they wanted to talk about ‘the wild things that you were taught at sex ed. ’ The complainant considered the segment, which featured discussion of genitalia and how to use condoms, was inappropriate to air in the morning when parents were taking their children to school. The Authority found the segment was within audience expectations for the programme and the radio station, ZM, and the nature of the upcoming discussion was sufficiently signposted to allow parents or caregivers to exercise discretion over their children’s listening....