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Decisions
Cycling Action Network and NZME Radio Ltd - 2021-092 (10 November 2021)
2021-092

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...

Decisions
Spring and The Radio Network Ltd - 2007-108
2007-108

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…...

Decisions
Johnson and NZME Radio Ltd - 2022-125 (8 February 2023)
2022-125

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  ...

Decisions
LQ and New Zealand Media and Entertainment - 2016-059 (14 October 2016)
2016-059

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....

Decisions
Clydesdale and The Radio Network Ltd - 2004-100
2004-100

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – Mystery and the Mouth – talkback discussion about former All Black captain – caller abused – allegedly offensive, unbalanced and unfairFindings Principle 1 (good taste and decency) – context – borderline – not upheld Principle 4 (balance) – style and manner of comment complained about, not substance – not upheld Principle 5 (fairness) – host’s response unprofessional given other options available – nevertheless responded to provocation – not upheldThis headnote does not form part of the decision. Broadcast [1] Mystery and the Mouth is the name of the talkback programme broadcast on Radio Sport between 10am to 12 noon on Sunday mornings. The programme hosts are John Morrison – “Mystery”, and Miles Davis – “The Mouth”....

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
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
Oluwole and NZME Radio Ltd - 2021-023 (21 July 2021)
2021-023

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...

Decisions
Dickson and New Zealand Media and Entertainment - 2016-047 (22 August 2016)
2016-047

Summary[This summary does not form part of the decision. ]A regular comedy skit on Radio Sport show The Sauce involved a host impersonating All Blacks coach Steve Hansen and giving ‘top tips’ on various topics. In the segment complained about, the host, mimicking Mr Hansen, addressed the topic of ‘sackings’, stating: ‘. . . Simply whip your scrot [scrotum] out and just rest it casually on their thigh, buttocks or forehead. ’ The Authority did not uphold a complaint that the segment made light of, and condoned, sexual assault. The Authority found that, in the context of the skit, which was a regular comedy skit broadcast weekly on The Sauce, the segment did not make light of, or encourage listeners to laugh about, sexual assault....

Decisions
Parlane and New Zealand Media and Entertainment - 2016-007 (14 April 2016)
2016-007

Summary[This summary does not form part of the decision. ]An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle. The Authority did not uphold a complaint alleging that the item was distasteful. Taking into account contextual factors such as the adult target audience of Coast FM and that the item was a brief and straightforward report, the broadcast did not threaten current norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle....

Decisions
Grant & Findlay and NZME Radio Ltd - 2021-117 (1 December 2021)
2021-117

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Balance, Accuracy...

Decisions
Foreman and NZME Radio Ltd - 2018-012 (18 April 2018)
2018-012

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....

Decisions
Appleyard and NZME Radio Ltd - 2023-071 (20 November 2023)
2023-071

The Authority has upheld a complaint that it was inaccurate for the host of The Mike Hosking Breakfast to state, responding to listener feedback asking whether ‘striking teachers do all this on full pay’: ‘Well of course they do! …people who go on strike have always been on full pay. They're supported by the unions. ’ The Authority found: the statement was materially inaccurate in the context of the broadcast; text messages read out later in the programme commenting on the pay situation for teachers on rolling strikes as opposed to full strikes did not serve as a correction to Hosking’s earlier inaccuracy; and the broadcaster did not make reasonable efforts to ensure accuracy. The Authority found publication of the decision was sufficient to notify the breach of the accuracy standard and provide guidance to broadcasters, and no further orders were necessary. Upheld: Accuracy No Order...

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
Moore and The Radio Network Ltd - 2003-127
2003-127

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....

Decisions
Avery and NZME Radio Ltd - 2018-076 (16 January 2019)
2018-076

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....

Decisions
Collie and NZME Radio Ltd - 2021-008 (15 July 2021)
2021-008

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...

Decisions
YS and NZME Radio Ltd - 2023-011 (16 May 2023)
2023-011

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Gregg and NZME Radio Ltd - 2022-070 (23 August 2022)
2022-070

The Authority has declined to determine a complaint alleging Weekend Collective breached the discrimination and denigration standard. The programme referred to protesters occupying Parliament grounds as ‘vermin’. In light of the Authority’s recent finding that the standard does not apply to the protesters, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration...

Decisions
Johnson and NZME Radio Ltd - 2022-143 (7 March 2023)
2022-143

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...

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