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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 ...

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....

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 Kerre McIvor & Mark Dye Afternoons, the hosts had a conversation about tipping in the United States. They discussed a story told by a talkback caller, who said that a church published a Bible pamphlet to be used instead of a monetary tip. One host, who appeared to be reading from the pamphlet, said, ‘Some things are better than money, like your eternal salvation that was bought and paid for by Jesus,’ to which the other host responded by making a vomiting sound. The Authority did not uphold a complaint that the vomiting sound made by the host was offensive to Christians and all those who hold religious beliefs. The Authority acknowledged that the host’s reaction would have caused offence to some listeners....

Summary[This summary does not form part of the decision. ]An item during a Newstalk ZB news bulletin featured an interview with Crusaders coach Todd Blackadder. The newsreader introduced the item by saying, ‘Crusaders coach Todd Blackadder believes their loss to the Highlanders is the kick up the backside they need. . . ’ The Authority did not uphold a complaint that the phrase ‘kick up the backside’ was rude, alluded to indecent assault and sexual abuse, and offended ‘community standards’. A ‘kick up the backside’ is a common, colloquial expression in New Zealand, meaning an unwelcome event or action that unexpectedly motivates or inspires. The expression would be well-known to listeners, who would not associate it with indecent or sexual assault. Therefore its use in this context did not threaten standards of good taste and decency....

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...

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 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)...

The Authority has not upheld a complaint about a broadcast of the song Long Gone by Six60, which included four instances of the line ‘Someday, when you give a fuck’, censored so the word ‘fuck’ was partially silenced. In the context, including the nature of the programme and intended audience, the Authority found the song was unlikely to have caused widespread undue offence or distress, or harm to children. Not Upheld: Good Taste and Decency, Children’s Interests...

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM – host discussed a television item that had contained an interview with Ray Spring – host made various statements about Mr Spring and told listeners where to find his home address in the White Pages – allegedly in breach of law and order, privacy, balance and fairness standards Findings Principle 3 (privacy) – item disclosed complainant’s name and effectively disclosed his address in a manner that was highly offensive – no legitimate public interest in the disclosure – upheld Principle 5 (fairness) – item breached standards of privacy which was also unfair – item encouraged listeners to harass the complainant – upheld Principle 2 (law and order) – item did not encourage listeners to break the law – the host’s comments were not sufficiently explicit to promote, condone or glamorise criminal activity – not upheld Principle 4 (balance) – item did not discuss a controversial…...

Paula Rose declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] A panel segment during Larry Williams Drive discussed a recent High Court action brought by Phillip Smith against the Department of Corrections (Corrections), in which Mr Smith argued that his freedom of expression had been breached by Corrections staff preventing him from wearing his toupee. At the conclusion of the panel discussion, Mr Williams stated: ‘I say Janet, solitary confinement 24/7, dark room, with his toupee, with a little bit of waterboarding just to make it interesting’. The other panellists laughed, with one commenting, ‘You’re a hard man, Larry’....

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

The Authority has not upheld a complaint about a comment made on Newstalk ZB referring to the delays that would result while ‘people are in there determining whether they’re transgender or not’ if the census was to be combined with voting. The complainant argued the comment was condescending and derisive of transgender people and that reference to the question on gender identity was irrelevant to the point the host was making. While recognising the comments may be offensive to some people, in the context they did not meet the high threshold required to constitute a breach of the standard. Not Upheld: Discrimination and Denigration...

Summary In the context of a discussion about the re-appointment of the All Black coach, the host of the breakfast show on Radio Sport broadcast by TRN on 15 September 1998 reported that the previous evening he had overheard John Hart in conversation with his wife in a public place saying something like "I thought Ross was supposed to be on my side". Mr Black complained to The Radio Network Ltd, the broadcaster, that it was unethical to report a private conversation, and a breach of Mr Hart’s privacy. TRN responded by noting that the host just happened to be in Mr Hart’s vicinity and overheard the conversation. It emphasised that the host would in no circumstances have engaged in any unethical action to Mr Hart’s detriment....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Morning Pirates – hosts discussed the act of people photocopying their naked bottoms on the office photocopier – one of the hosts photocopied his bottom on the radio station's photocopying machine and encouraged listeners to do the same – host invited listeners to exchange photocopies with him via facsimile – allegedly in breach of good taste and decency, law and order and responsible programming Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – hosts' actions were inoffensive and harmless – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Pirates breakfast show, broadcast on Radio Hauraki at 7....

ComplaintZM Breakfast – discussion involving evaluation of breast size with regard to career prospects – alleged soft porn – inappropriate for target audience FindingsPrinciple 1 & Guideline 1a – not offensive to target audience – no uphold This headnote does not form part of the decision. Summary [1] Between 9. 30 and 10. 30am on Wednesday 20 August 2003, the hosts of ZM Breakfast had a discussion on how breast size influenced women’s careers. After receiving a call from a young woman who related her employment experience, the hosts initiated a panel discussion asking three male employees of the station what they considered distracting about women’s breasts. [2] Richard Moore complained to The Radio Network Ltd, the broadcaster, that the discussion and panel interview, which he described as a "soft porn" broadcast, was inappropriate for the younger targeted listeners....

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....

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....