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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
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
Pearce and NZME Radio Ltd - 2020-109 (28 January 2021)
2020-109

The Authority did not uphold an accuracy complaint about Mike Hosking’s comments on the COVID-19 testing regime during his ‘Mike’s Minute’ segment on Newstalk ZB. The complaint was that the segment was inaccurate and misleading, for example by suggesting the Prime Minister was encouraging COVID-19 testing to scare the public and as a political ploy. The Authority found the statements made by Mr Hosking were expressions of his own opinion and analysis to which the accuracy standard did not apply. Not Upheld: Accuracy...

Decisions
Stokes and NZME Radio Ltd - 2016-045 (3 November 2016)
2016-045

Summary[This summary does not form part of the decision. ]During the Hauraki Breakfast Show, Deborah Stokes, mother of New Zealand-born English cricketer Ben Stokes, rang the studio to complain about what she considered to be unfair comments made by the hosts regarding her son, and to defend him. Mrs Stokes asked to speak with someone off air. Host Matt Heath assured Mrs Stokes she was off air, when in fact the conversation was being broadcast live on air. The Authority upheld a complaint that the action taken by NZME, having upheld Mrs Stokes’ complaint under the fairness and privacy standards, was insufficient. The broadcast, and particularly the hosts’ deceptive conduct, represented a significant breach of broadcasting standards and a lack of understanding of an individual’s fundamental right to fair treatment and to privacy....

Decisions
Campbell and The Radio Network Ltd - 2011-035
2011-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Listeners’ Choice Countdown – song titled “Killing in the Name” by Rage Against the Machine – broadcast at 9. 30am – contained the lyrics “Fuck you, I won’t do what you tell me” repeated 16 times, followed by the word “motherfucker” – allegedly in breach of standards relating to good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – song inadequately censored – excessive use of expletives would have significantly departed from audience expectations – upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 1No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Killing in the Name” by rock band Rage Against the Machine was broadcast during the Listeners’ Choice Countdown on Radio Hauraki at approximately 9. 30am on Thursday 17 February 2011....

Decisions
Smith and The Radio Network - 2011-089
2011-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Breakfast Show – host joked “Who wants to stick their finger up Dean’s arse? ” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – humour used to convey important message about men’s health to target audience – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Breakfast Show, broadcast on Radio Hauraki between 6am and 9am on Tuesday 14 June 2011, one of the hosts Dean stated, “Alright, so the call is going to go out this morning for a doctor for Men’s Health Week”, and his co-host Nick joked, “Who wants to stick their finger up Dean’s arse?...

Decisions
Miliša and NZME Radio Ltd - 2022-014 (11 April 2022)
2022-014

The Authority has not upheld a complaint about the statement ‘a review has found that the deaths of the two people who were isolating at home in Auckland with COVID were both preventable’ when the finding was that the deaths were ‘potentially preventable’. This would not have materially mislead listeners, noting the interviewee featured after these introductory comments stated the deaths were ‘potentially preventable’ and provided context and detail about the review. Not Upheld: Accuracy...

Decisions
Marr & Robinson and NZME Radio Ltd - 2018-080 (16 January 2019)
2018-080

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

Decisions
Mullin and NZME Radio Ltd - 2020-106 (9 December 2020)
2020-106

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...

Decisions
Kirk and The Radio Network Ltd - 2012-134
2012-134

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny & Jacqui – during live broadcast from Riccarton Park Racecourse one host said to her co-hosts, “I know you haven’t put any bets on because you’re both Jews” – allegedly in breach of discrimination and denigration standardFindingsStandard 7 (discrimination and denigration) – comment was ignorant and perpetuated stereotypes but did not reach the high threshold necessary for encouraging the denigration of, or discrimination against, Jewish people as a section of the community – not upheldThis headnote does not form part of the decision. Introduction[1] During the ZM drive show, Jay, Flynny & Jacqui, broadcast live from Cup Day at Riccarton Park Racecourse in Christchurch, one of the hosts said to her co-hosts, “You’ve obviously watched the race. I know you haven’t put any bets on because you’re both Jews”. The show was broadcast on ZM on 13 November 2012....

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
Casey and The Radio Network Ltd - 2003-053
2003-053

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....

Decisions
Watson and NZME Radio Ltd - 2016-085 (15 December 2016)
2016-085

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....

Decisions
Day & Moss and NZME Radio Ltd - 2018-090 (2 April 2019)
2018-090

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....

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
Anderson and NZME Radio Ltd - 2017-066 (16 October 2017)
2017-066

Summary[This summary does not form part of the decision. ] During a talkback segment on Overnight Talk, a caller rang up to discuss Metiria Turei’s resignation as Co-Leader of the Green Party in the wake of benefit and electoral fraud allegations. The caller made the remark that, ‘[i]t’s almost a situation where, the Green Party are in a room and Metiria dropped a big, fat, juicy, smelly fart. ’ A complaint was made that the caller’s comments were demeaning and derogatory towards Ms Turei, and breached the discrimination and denigration standard. The Authority did not uphold the complaint, noting that the discrimination and denigration standard applies only to sections of the community, and it does not apply to individuals....

Decisions
Scott and NZME Radio Ltd - 2021-102 (27 October 2021)
2021-102

The Authority has not upheld a complaint alleging an interview with Judith Collins breached the law and order standard. The interviewer asked Ms Collins to clarify what she meant when she said, regarding Police Minister Poto Williams, ‘I think a lot of people want to bottle her’. Ms Collins explained she meant Minister Williams should be kept in a bottle ‘like a genie in a bottle’. The line of questioning was reasonable in the context, and the item did not actively promote serious anti-social or illegal behaviour. Not Upheld: Law and Order...

Decisions
Nixey and NZME Radio Ltd - 2020-037 (24 August 2020)
2020-037

The Authority has not upheld a complaint that a satirical segment would have been offensive to Christians. The segment was an imagined promo for reality show The Block, set in Jerusalem and featured contestants who shared the names of biblical figures, including Jesus, Mary, Joseph, Thomas and Judas. The promo was broadcast on Good Friday. The Authority did not consider the broadcast’s content would have unduly offended or distressed the general audience, and it did not reach the high threshold necessary for finding it encouraged the denigration of, or discrimination against, Christians as a section of the community. The broadcast did not cause actual or potential harm at a level which justified limiting the right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Clarke and NZME Radio Ltd - 2021-120 (1 December 2021)
2021-120

The Authority has not upheld a complaint about comments by Kate Hawkesby regarding Director-General of Health Dr Ashley Bloomfield. Hawkesby made several comments about Dr Bloomfield, alleging he has underperformed in the response to the COVID-19 pandemic. The Authority found the fairness standard was 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 commentary. Not Upheld: Fairness  ...

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