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Decisions
Vernall and NZME Radio Ltd - 2021-021 (22 June 2021)
2021-021

The Authority has not upheld a complaint about the title of a segment ‘tradie versus lady’ on ZM’s Bree and Clint. While the Authority agreed with the complainant the title may be sexist and outdated, it did not encourage discrimination and denigration in breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Blomfield and NZME Radio Ltd - 2022-027 (18 May 2022)
2022-027

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy...

Decisions
Benge and NZME Radio Ltd - 2022-013 (11 April 2022)
2022-013

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...

Decisions
Oluwole and NZME Radio Ltd - 2021-146 (21 March 2022)
2021-146

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...

Decisions
McCullough and NZME Radio Ltd - 2020-008 (9 June 2020)
2020-008

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Curran and NZME Radio Ltd - 2021-165 (11 April 2022)
2021-165

At the beginning of the Weekend Sport programme on Newstalk ZB, host Miles Davis referred to the ‘gridlock’ protest regarding COVID-19 restrictions. Davis said he had a message for the protestors, critiquing their form of protest and expressing what he would do if the protest blocked Davis on the road, including they would gain ‘a tyre iron’ through their windows followed up with some ‘football hooliganism’. The complainant stated this portion of the programme breached the good taste and decency, violence, and law and order standards as it incited violence. The majority of the Authority declined to uphold the complaint, finding the comments, on balance, constituted satire and humour and did not reach a threshold justifying regulatory intervention. The minority found the comments were likely to incite violence and breached all standards raised. Not Upheld by Majority: Good Taste and Decency, Law and Order, Violence...

Decisions
Jones and NZME Radio Ltd - 2022-019 (26 April 2022)
2022-019

The Authority has found a statement on Heather du Plessis-Allan Drive breached the accuracy standard. During the programme, the host discussed advice to Aucklanders to stay away from regions in New Zealand over the summer due to the vulnerability of communities with lower vaccination rates. The Authority found it was misleading to only mention the vaccination rate of the Bay of Plenty region when talking specifically about Ōpōtiki, which had a lower vaccination rate than the region as a whole. Where the host was contradicting advice from local authorities about the risks associated with visiting certain areas over the summer, it was important to provide listeners with the correct information. The Authority noted the host could have contextualised the comments more clearly, and the vaccination rates for Ōpōtiki were available on the same government site as the DHB rates. Upheld: Accuracy Not Upheld: Balance No Order...

Decisions
Findlay and NZME Radio Ltd - 2021-145 (9 February 2022)
2021-145

A segment on Simon Barnett & James Daniels Afternoons discussed that day’s COVID-19 media conference announcing the likely use of vaccination certificates. The complainant stated the segment breached the accuracy standard as the interviewee indicated there was no detail provided regarding when the certificates would be used, despite the Government providing an indicative date of ‘November’ in the earlier conference. The Authority did not uphold the complaint, finding the segment was materially accurate. In any event, an interview in a later programme on the channel was sufficient to clarify and correct any misleading impression which may have been created. Not Upheld: Accuracy...

Decisions
Morgan and NZME Radio Ltd - 2021-131 (20 December 2021)
2021-131

The Authority has declined to determine a complaint under the discrimination and denigration standard about an item on Mike Hosking Breakfast. The complainant was concerned about a discussion of unvaccinated health workers, who do not amount to a relevant section of society for the purposes of the standard. The remainder of the complaint reflected the complainant’s personal views and in all the circumstances (including scientific consensus around the safety of the COVID-19 Pfizer vaccine), the Authority considered it should not determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration...

Decisions
Mee and The Radio Network Ltd - 1999-190
1999-190

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

Decisions
The Rowan Partnership and The Radio Network of New Zealand Ltd - 1997-099
1997-099

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-099 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE ROWAN PARTNERSHIP of Wanganui Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Richards and The Radio Network Ltd - 2000-181
2000-181

ComplaintRadio Sport – Martin Devlin – Japanese "vile gits" – East Timorese "gooks" – offensive language – racist – denigratoryFindingsPrinciple 1 – talkback context – strong language to be expected – no uphold Principle 7 – reference to East Timorese militia as "gooks" racist and denigratory – upholdOrderCosts of $500 to Crown This headnote does not form part of the decision. Summary Japanese were referred to by the host as "vile gits" and "pricks" in the context of their whaling practices on a Radio Sport programme broadcast on 27 September 2000 at about 8. 30am. The host suggested that helicopter gunships should be sent to blow up their whaling boats. Next, a guest contributor on the programme referred to East Timorese militia as "gooks". Doug Richards complained to The Radio Network Ltd, the broadcaster, that the remarks were offensive and racist....

Decisions
Ede and The Radio Network Ltd - 2009-005
2009-005

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....

Decisions
Black and The Radio Network Ltd - 1999-003
1999-003

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....

Decisions
Botur and The Radio Network Ltd - 2007-139
2007-139

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....

Decisions
Macdonald and The Radio Network Ltd - 2004-047
2004-047

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Radio Sport – Terror Talkback – breakfast host Martin Devlin telephoned randomly a person with same name as sportsperson in the news – alleged intentional intrusion in person’s seclusion – breach of privacyFindings Principle 3 – Guideline 3a – Privacy Principle iii – the broadcast telephone call did not amount to prying – not upheld This headnote does not form part of the decision. Broadcast [1] “Terror Talkback” is a regular feature of the Martin Devlin Breakfast Show on Radio Sport. It involves a telephone call to a person selected randomly who has the same name as a sportsperson in the news. At about 6. 20am on 23 February 2004, the host referred to the appointment of a Mr Shand as the Manager of the All Blacks. He then indicated he had randomly chosen the telephone number of a Mr Shand....

Decisions
Taylor and The Radio Network Ltd - 2006-122
2006-122

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....

Decisions
Brice and The Radio Network Ltd - 2004-187
2004-187

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Hauraki – skit implying that Polynesian women suffer significantly less post natal depression than other ethnic groups because additional children result in increased welfare benefits – allegedly encouraged denigration or discriminationFindingsPrinciple 7 and Guideline 7a (denigration and discrimination) – skit was obvious attempt at humour – falls within exception in Guideline 7(a)(iii) – not upheld This headnote does not form part of the decision. Broadcasts [1] On Radio Hauraki at around 7. 05am on Monday 20 September 2004, one of the presenters announced recent findings by the Auckland University of Technology that Samoan women have one of the lowest rates of post natal depression in the world. He said that researchers wanted to find out “why Samoan women escaped the baby blues” so that they could help other women....

Decisions
Fonseka and The Radio Network Ltd - 2006-028
2006-028

Complaint under section 8(1)(a) of the Broadcasting Act 1989Complaint received by broadcaster 21 working days after the broadcast – broadcaster declined to consider as a formal complaint – issue as to Authority’s jurisdiction to consider complaintFindingsSection 6(2) of the Broadcasting Act states that complaints must be “lodged in writing with the broadcaster” within 20 working days after the broadcast – broadcaster was not obliged to consider complaint – Authority has no jurisdiction to consider complaintThis headnote does not form part of the decision. Background [1] Nilanka Fonseka wrote a letter of complaint to The Radio Network Ltd (TRN) about comments broadcast on 6 February 2006 on ZM radio (90. 9FM). [2] The complaint was received by TRN on 7 March 2006. TRN declined to accept his complaint as a formal complaint, as it had arrived “outside the 20 days allowed since the broadcast to qualify as a formal complaint”....

Decisions
Le Comte and The Radio Network Ltd - 2002-212
2002-212

ComplaintRadio Sport – host Doug Golightly – men’s refuges derided as unnecessary for real New Zealanders – only use was for beaten partners of homosexual men – complainant’s email misread – unfair – irresponsible FindingsPrinciple 7 Guideline 7a – high threshold not reached – no uphold Principle 5 – change to email – implication that writer was homosexual – complainant not identified – on balance not unfair – no uphold This headnote does not form part of the decision. Summary [1] The Radio Sport programme on Saturday morning 17 August 2002, hosted by Doug Golightly, included a number of references to men’s refuges. The host questioned their need for "real" New Zealanders, suggesting that only the beaten partners of homosexual men would use them. That attitude was reflected in his comments on some emails he referred to during the broadcast....