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The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Coast radio station – broadcast of song entitled “Puha and Pākehā” – allegedly encouraged denigration of PākehāFindings Principle 7 and Guideline 7a (denigration) – clearly humorous – not denigratory of Pākehā – not upheld This headnote does not form part of the decision. Broadcast [1] At around 5. 15pm on 5 October 2004, Coast radio station in Auckland broadcast a song entitled “Puha and Pākehā”, recorded by Rod Derrett in the 1960s. [2] The song was a light-hearted tale of Pākehā in early New Zealand being eaten by Māori, and included the following lyrics: I don’t give a hangi for the Treaty of Waitangi, You can’t get fat on that – give me some Puha and Pākehā....

The Authority has upheld a complaint that comments made by Mike Hosking during his ‘Mike’s Minute’ segment were misleading in breach of the accuracy standard. Mr Hosking made statements referring to death-rate statistics in Italy related to COVID-19, including that ‘99. 2% percent died with underlying health issues. In other words, the very things that were killing them anyway, at over 1,600 per day’. The Authority found the comments were misleading as the broadcaster conflated its own conclusions, drawn from a study into Italy’s COVID-19 figures, with the figure of 1,600 deaths per day, which was based on 2018 population data and ignored both cause of death and the notion of ‘excess mortality’. In this respect, the Authority emphasised the importance of data literacy among broadcasters and journalists, to ensure statistics are not misinterpreted or misrepresented....

Summary[This summary does not form part of the decision. ]A segment on The Country featured the host interviewing The Right Honourable Jacinda Ardern not long after she began her term as Prime Minister. Towards the beginning of the interview the host asked the Prime Minister, ‘Do you wake up and say to yourself, “Holy shit! I’m Prime Minister! ” and have to pinch yourself? ’ The Authority did not uphold a complaint that the host’s comment breached community norms of good taste and decency and was discriminatory. Taking into account relevant contextual factors including low level of offensive language used, the light-hearted tone, and audience expectations, the broadcast did not threaten community norms of good taste and decency, or justify restricting freedom of expression....

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...

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  ...

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...

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...

The Authority has not upheld a complaint concerning comments by the host of Newstalk ZB’s Overnight Talk responding to a listener’s question about what you should/should not include on your CV. The complainant considered the host’s references to ‘neo-Nazi dress-up parties’ and being a fan of the Ku Klux Klan as examples of ‘things you wouldn’t want to put on your CV’ were offensive and ‘almost glorifying’ of Nazis. The Authority did not consider the comments glorified Nazis, and found in the context the comments did not seriously threaten community standards of taste and decency and would not have disproportionately offended the audience. Not Upheld: Offensive and Disturbing Content...

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...

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. ] During a segment called ‘The Huddle’ on the Larry Williams Drive Show, the host and two political bloggers discussed the candidates running for the Labour Party leadership. One of the bloggers referred to two politicians needing their ‘throat cut’. The Authority did not uphold the complaint that the comments were inappropriate. The comments were brief, intended to be metaphorical, and acceptable in the context of a robust political discussion broadcast on Newstalk ZB. Not Upheld: Good Taste and Decency Introduction [1] During a segment called ‘The Huddle’ on the Larry Williams Drive Show, the host and two political bloggers discussed the candidates running for the Labour Party leadership....

Summary [This summary does not form part of the decision. ]Following news of Kim and Mona Dotcom’s marriage breakup, the Hauraki Breakfast Show featured a satirical interview with a sex therapist. The Authority did not uphold the complaint that this was offensive and in bad taste, and unsuitable for broadcast at 8. 35am. The content was typical of Radio Hauraki and would not have unduly surprised or offended regular listeners. Not Upheld: Good Taste and DecencyIntroduction[1] In the wake of Kim and Mona Dotcom’s marriage break-up, three hosts on the Hauraki Breakfast Show interviewed a ‘sex therapist’ on the issue of what they described as ‘big on small sex’. The ‘sex therapist’ was apparently not a real doctor, but playing the part in a scripted satirical skit. The discussion was broadcast at 8. 35am on Radio Hauraki on 19 May 2014....

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....

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the good taste and decency standard during an episode of the programme Bhuja was insufficient. The Authority agreed that the programme breached standards, by failing to signal to viewers that a highly aggressive interview was staged, and by broadcasting offensive language. However, the Authority found the action taken by the broadcaster holding the hosts to account with regard to language used, was proportionate to the breach and any further action would unreasonably limit the broadcaster’s right to freedom of expression. The Authority also found that the fairness, discrimination and denigration, violence and accuracy standards did not apply to the material broadcast. Not upheld: Good Taste and Decency (Action Taken), Fairness, Discrimination and Denigration, Violence, Accuracy...

The Authority has not upheld a complaint about a Mike’s Minute segment on Phase Two of the Royal Commission report Whītiki Aotearoa: further lessons from COVID-19 to prepare Aotearoa New Zealand for a future pandemic. The complainant alleged the segment presented ‘misrepresentations’ and inaccuracies about the findings of the report and was unbalanced and unfair. The Authority found the segment overall was consistent with well-established audience expectations of Mike’s Minute and the comments expressed were either clearly opinion or not materially misleading. The Authority also found the broadcast was not required to present significant perspectives under the balance standard, and the fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

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...

Summary[This summary does not form part of the decision. ]During Jeremy Wells' 'Like Mike' skit on the Hauraki Breakfast show, in which he parodied radio and television presenter Mike Hosking, Mr Wells made various comments about Māori people and Stewart Islanders. The Authority did not uphold a complaint that the comments were racist, offensive and degraded Māori and Stewart Islanders. The item was clearly satirical and intended to be humorous, and was consistent with audience expectations of the programme and the radio station. As satire, the item did not encourage discrimination against, or denigration of, Māori or Stewart Islanders and this form of speech is a legitimate and important exercise of the right to freedom of expression....