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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....

Summary[This summary does not form part of the decision. ]An audio clip promoting the ZM radio station stated that ZM played ‘hit after hit after goddamn hit’. The Authority did not uphold a complaint that the phrase ‘hit after goddamn hit’ was offensive to those who hold Christian or other religious beliefs and contrary to children’s interests. The Authority acknowledged that use of the term ‘goddamn’ may have caused offence to some listeners. However, in this case it was used as part of the station’s promotional messaging for playing continuous music and was not dwelt upon. Taking into account the right to freedom of expression, and the context of the broadcast, the term ‘goddamn’ could not be said to have encouraged the denigration of, or discrimination against, all Christians or others who hold religious beliefs....

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...

The Authority has not upheld a complaint about comments by Mike Hosking regarding Director General of Health, Dr Ashley Bloomfield. Mr Hosking said Dr Bloomfield ‘lied to the Select Committee’ and was a ‘liar’. The Authority found the accuracy and fairness standards were not breached as the comments were distinguishable as the opinion of the presenter and they did not result in Dr Bloomfield being treated unfairly. Given Dr Bloomfield’s high profile position, he can reasonably expect to be the subject of robust scrutiny. Not Upheld: Accuracy, Fairness  ...

Summary[This summary does not form part of the decision. ]During Overnight Talk on Newstalk ZB, the complainant had a conversation with the host about greyhound racing in which he defended the activity and the use of live bait. The host responded that the complainant was ‘pathetic’ and ‘a very sick person’, among other things. The Authority did not uphold a complaint that the host had offended the complainant on the basis of his Australian Aboriginal culture. The host’s comments to the complainant had no relation to his culture, and were not otherwise unfair. The comments were typical of the robust and opinionated nature of talkback radio, where callers can reasonably expect hosts to disagree with their views, sometimes in a strong and confrontational manner....

During the programme Tim Roxborogh & Tim Beveridge Afternoons, the hosts discussed Russia’s recent invasion of Ukraine. In response to Roxborogh’s question of ‘how do you stop Putin? ’ Beveridge answered that the only thing would be ‘…a bullet to the back of Putin’s head. He has to be taken out by someone. ’ The complainant alleged that these comments breached the good taste and decency, violence, law and order, and fairness standards as they incited violence. The Authority did not uphold the complaint, finding the comments did not reach a threshold justifying regulatory intervention. In particular, the Authority noted the comments did not amount to a threat or call to action, were not likely to incite action against President Putin, and were made in the context of a discussion about President Putin’s invasion of Ukraine, which has led to significant loss of life and the displacement of Ukrainians....

The Authority has not upheld a complaint that a statement on Coast FM news, ‘A herd of international students is about to stampede into New Zealand’, breached the discrimination and denigration standard. The Authority found ‘international students’ did not amount to a section of the community under the standard. In any event, the statement would not have reached the threshold required for finding a breach. There were issues with the retention of the broadcast by NZME, and the Authority noted this was a serious procedural concern. Not Upheld: Discrimination and Denigration...

During Mike Hosking Breakfast on Newstalk ZB, Mike Yardley (standing in for Mr Hosking) briefly mentioned the flouting of COVID-19 rules by two named Sky News UK journalists and stated: ‘veteran journalist Adam Boulton is also involved in this’. The Authority did not uphold a complaint the broadcast breached the accuracy standard by misleading listeners to believe Mr Boulton was one of those who flouted the rules. The Authority acknowledged that, without further clarification, the broadcast may have created that impression. However in all the circumstances the potential harm in a New Zealand broadcasting context was not at a level justifying regulatory intervention. Not Upheld: Accuracy...

The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the fairness standard during an episode of Heather du Plessis-Allan Drive was insufficient. The complaint related to an interview with a 16-year-old climate activist about the Schools Strike for Climate movement, and the group’s key demands. During the interview, the interviewee admitted she had recently travelled to Fiji, despite one of the group’s demands being a ban on ‘unnecessary air travel’. This resulted in the host hysterically laughing at, and teasing the interviewee for over a minute. The broadcaster conceded in light of the interviewee’s age and potential vulnerability, the segment breached the fairness standard. The Authority determined it too would have found a breach of the fairness standard, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach....

The Authority has not upheld a complaint alleging Kerre McIvor’s comments regarding cyclists breached the discrimination and denigration, fairness and balance standards. The comments did not refer to a recognised section of society as required by the discrimination and denigration standard and would not have reached the high threshold required to breach the standard. The individuals referred to in the broadcast were not treated unfairly, and the fairness standard does not apply to cyclists as a group. The balance standard was not breached as listeners were likely to have understood the comments as coming from Ms McIvor’s perspective. Not Upheld: Discrimination and Denigration, Fairness, Balance...

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’....

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....

The Authority has not upheld a complaint that a segment of Overnight Talk breached the discrimination and denigration, offensive and disturbing content, and fairness standards. A caller to the show advised the host he believed Russia was acting in ‘the least violent way possible’ in its invasion of Ukraine, to which the host responded heatedly, referring to the caller’s opinion as ‘stupid’ and ‘bullshit’. The Authority was satisfied the language used amounted to low-level language, and the host’s comments, while potentially seen as disrespectful by some, did not reach the level necessary to constitute unfair treatment. The discrimination and denigration standard did not apply as the comments were directed at the caller as an individual. Not Upheld: Discrimination and Denigration, Offensive and Disturbing Content, Fairness  ...

The Authority has not upheld a complaint about a comment by Mike Hosking referring to unvaccinated New Zealanders as ‘idiots’. The comment was unlikely to cause widespread offence and was a legitimate expression of opinion. Accordingly, it did not reach the threshold for regulatory intervention. Not Upheld: Good Taste and Decency...

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 a segment of Overnight Talk breached several standards. In the programme, a caller to the show queried the validity of the host’s statement that 1400 Israelis had died in the 7 October 2023 attack by Hamas, and asked what evidence the host had of the attack. The host’s response included suggesting the caller should not be ‘an idiot’, saying he was not going to waste his time, terminating the call and advising the caller that they could see ‘uncensored footage’ of the attack on the ‘deepest, darkest parts of the internet’ if they needed evidence....

The Authority has not upheld a complaint concerning an election programme for the National Party. The complainant considered the programme misled the public by giving ‘the impression’ the National Party’s policies would support public services, which was in ‘direct contradiction to their proposed policies’. The Authority considered listeners would have understood the programme as a typical advertisement for the Party, encouraging the public to vote for National. By their nature, such programmes are not factual and are often hyperbolic vehicles for advocacy. Further, it is not the Authority’s role to analyse the likely implications of any Party’s policies (which are not quantified promises, guarantees, or statements of fact), and listeners are able to form their own views about any given policy with reference to the broad range of available media coverage and other publicly available information. Not Upheld: Election Programme Advocacy – Distinguishing Factual Information from Opinion or Advocacy...

Summary[This summary does not form part of the decision. ]Two complaints about Heather du Plessis-Allan’s use of the term ‘leeches’ to describe the Pacific Islands during Wellington Mornings with Heather du Plessis-Allan were upheld, under both the good taste and decency and discrimination and denigration standards. The Authority recognised the important role talkback radio plays in fostering open discourse and debate in society. However, the Authority found Ms du Plessis-Allan’s comments went beyond what is acceptable in a talkback environment, considering the use of language that was inflammatory, devalued the reputation of Pasifika people within New Zealand and had the potential to cause widespread offence and distress....

The Authority has not upheld a complaint about comments made by Jack Tame during his morning show including the statement ‘Māori don’t just deserve special treatment, but are contractually guaranteed a form of special treatment under the Treaty’. The Authority found, in context, the comment amounted to analysis to which the accuracy standard does not apply. The comment was not the focus of the discussion, and an opinion-based segment such as this is not required to provide alternate perspectives under the balance standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...