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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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – discussion about oil prices – guest referred to “thieving Arab bastards” – allegedly in breach of good taste and decency and denigrated ArabsFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld Principle 7 and Guideline 7a (denigration) – did not amount to blackening or hate speech – not upheldThis headnote does not form part of the decision. Broadcast [1] During a light-hearted exchange about what he regarded as the exorbitant cost of filling the petrol tank in his car, a guest on Radio Sport used the phrase “thieving Arab bastards”. The comment was broadcast at about 8. 30am on 31 March 2006. Complaint [2] Jack Sturt complained to The Radio Network Ltd, the broadcaster, that the use of the phrase was inexcusable....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Hauraki – hosts on breakfast show referred to Helen Clark donating a testicle – allegedly in breach of good taste and decency and social responsibility. Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) – item light-hearted and satirical in nature – broadcaster was mindful of children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] At 8. 30am on 11 May 2007, Radio Hauraki broadcast a segment in its breakfast show hosted by the "Morning Pirates", Willy De Wit, Mark Perry and Dean Butler. One of the hosts described a story about a woman in the UK who had recently donated her kidney to her employer, who was in need of a transplant....

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....

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...

Summary[This summary does not form part of the decision. ]Several weeks before Waitangi Day, during Mike’s Minute on Newstalk ZB, host Mike Hosking made comments critical of Ngāpuhi leader Kingi Taurua and his stance on the Trans-Pacific Partnership. Mr Hosking also suggested that the Prime Minister should ‘flag Waitangi’ because it is an ‘annual ritual of abuse and anger and ignorance’. The Authority did not uphold a complaint alleging that the item encouraged discrimination against Māori and Ngāpuhi and was unbalanced. While the Authority recognised that Mr Hosking’s comments could be considered by some to be insensitive, they were clearly his opinion and protected under the right to freedom of expression. The comments were not framed as reflecting on Māori generally and did not reach the high threshold necessary to encourage discrimination or denigration....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – talkback programme – caller criticised the Kiwi rugby league team – host responded “get your head out of your arse”Findings Principle 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] On Saturday 7 January 2006, at approximately 11. 35am, the host of a sports talkback programme responded to a caller’s criticism of the Kiwi rugby league team by commenting “get your head out of your arse”. Complaint [2] Mr Steel complained about the use of the phrase “get your head out of your arse”. Principles [3] TRN assessed the complaint under Principle 1 of the Radio Code of Broadcasting Practice, which provides: Principle 1 In programmes and their presentation, broadcasters are required to maintain standards which are consistent with the observance of good taste and decency....

The Authority has declined to determine aspects, and not upheld the remainder of a complaint concerning a talkback call regarding vaccine mandates. The complainant had contacted the station and spoke about her son’s issues re-enrolling at university due to his COVID-19 vaccination status. The complainant alleged the broadcast breached the balance, accuracy and fairness standards as the host did not accept the complainant’s statements concerning the COVID-19 vaccine and related mandates, and prematurely ended the call with the complainant. The Authority declined to determine the complaint under the balance and accuracy standards as the complainant’s concerns have been recently determined in other decisions. The Authority did not uphold the fairness complaint, finding the complainant was not treated unfairly and in any case it was an editorial choice open to the broadcaster to end the call....

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. ]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 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...

The Authority has upheld a complaint under the discrimination and denigration standard about comments and behaviour during a Heather du Plessis-Allan Drive broadcast about former Green MP Benjamin Doyle. While recognising the important role talkback radio plays in fostering open discourse and debate in society, the Authority considered the comments extended beyond what was necessary to offer a genuine expression of serious comment, analysis or opinion. The tone, choice of language and sustained nature of the comments reflected the high level of condemnation necessary to encourage the different treatment of non-binary people, to their detriment. The Authority did not uphold other aspects of the complaint relating to a different segment in the same broadcast, suggesting it breached the promotion of illegal or antisocial behaviour standard. As the relevant comments were unlikely to incite others to break the law, the Authority found the standard was not breached....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989D’Arcy Waldegrave Drive – host and producer referred to rugby players as “Jesus” and “God” – allegedly in breach of standards relating to good taste and decency, discrimination and denigration, and responsible programmingFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – use of “Jesus” and “God” to compliment rugby players would not have offended or distressed most listeners in context – comments did not carry any invective and did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During D’Arcy Waldegrave Drive on Radio Sport, the host and producer discussed the selection of the All Blacks training squad, including a rookie, Steven Luatua, who played for the Auckland Blues....

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 an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for their position on the Government’s COVID-19 response saying ‘I want to be angry with you, but I just feel sorry for you, that you need a government to look after you. You sad pathetic creature. ’ The Authority found the caller was given a fair and reasonable opportunity to put forward their views, and McIvor’s comments, while seen as disrespectful by some listeners, did not reach the level necessary to constitute unfair treatment. The balance standard did not apply. Not Upheld: Fairness, Balance...

The Authority has not upheld a complaint about comments, during an interview on The Huddle, distinguishing alcohol from tobacco in relation to the need for cancer warning labels. The Authority found the comments amounted to opinion to which the accuracy standard does not apply and, in the context, the audience was unlikely to be misled. The Authority identified no harm sufficient to justify its intervention. Not Upheld: Accuracy...

The Authority has not upheld a complaint under the accuracy standard about a Newstalk ZB news item reporting Israel’s bombing of a Gaza City school and included an academic’s perspective on the incident. The complainant argued the broadcast was misleading by not mentioning that the school was (according to Israel) a Hamas command post and therefore a ‘legitimate target’, and by including the academic’s comments. The Authority found the academic’s comments were analysis, comment, or opinion to which the standard does not apply. It also found that choosing to not include Israel’s rationale for the bombing was a matter for the broadcaster’s editorial discretion. The broadcast was not materially inaccurate, and did not give a wrong idea or impression of the facts. Not Upheld: Accuracy...

The Authority has not upheld a complaint about comments made by the presenter of Heather du Plessis-Allan Drive regarding a suggestion by a representative of The New Zealand Initiative that New Zealand’s car seat regulations should be relaxed to increase birth rates (with reference to a United States study, ‘Car Seats as Contraception’). The presenter said, ‘And here’s the really challenging thing. Car seat regulations, they reckon might save about 60 children from dying in car crashes in a year across the [United] States, but they stop 8,000 families from having babies. So, you save 60, but you don’t have another 8,000. Maybe you’re better off having the 8,000 and losing the 60 – hey, I said it was going to challenge you. ’ The complaint was that the presenter’s tone and comment was ‘appalling’ and suggested ‘losing 60 kids was not a bad deal’....

The Authority has not upheld a complaint that an item on Heather du Plessis-Allan Drive regarding MPs being infected with COVID-19 and mask-wearing breached multiple broadcasting standards. The Authority found the host’s comment that she would rather get COVID-19 than wear a mask all day was unlikely to seriously violate community standards of taste and decency. The comment did not relate to a recognised section of the community as contemplated by the discrimination and denigration standard or reach a threshold necessary to constitute discrimination or denigration. Nor did the broadcast ‘discuss’ a controversial issue of public importance as required for the balance standard to apply, and the comment at issue was an opinion to which the accuracy standard did not apply and which was unlikely to mislead the audience. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy...