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Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Markula and Mediaworks Radio Ltd - 2020-144 (31 March 2021)
2020-144

The Authority has not upheld a complaint about an interview between Magic Talk host Ryan Bridges and World Health Organisation Special Envoy Dr David Nabarro. The complainant argued the interview contained inaccurate information about Sweden’s approach to COVID-19 and mask wearing, and inaccurately suggested Dr Nabarro advocated New Zealand adopt Sweden’s approach. The Authority found the relevant statements were comment, analysis or opinion to which the accuracy standard does not apply. It also concluded they were not materially inaccurate or misleading in the context of the interview. The standards of good taste and decency, balance and fairness either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Balance, Fairness...

Decisions
FJ and MediaWorks Radio Ltd - 2018-026 (5 June 2018)
2018-026

Summary[This summary does not form part of the decision. ]A segment on the George FM Saturday Drive Show featured an announcer making comments about the complainant regarding an incident in the past, where the announcer allegedly saw the complainant engaging in certain activities. The broadcaster upheld the complaint under the privacy and fairness standards and issued written apologies to the complainant. The complainant referred the complaint to the Authority on the basis the broadcast also breached the accuracy standard and the apologies did not address the alleged inaccuracies in the broadcast. The Authority did not uphold the accuracy complaint, finding that, due to the nature of the broadcast and audience expectations, the Saturday Drive Show did not amount to ‘news, current affairs or factual programming’ to which the accuracy standard applied....

Decisions
Marston and MediaWorks Radio Ltd - 2022-117 (20 December 2022)
2022-117

The Authority has not upheld a complaint that a segment on The Morning Rumble featuring ‘songs that I can guarantee won’t be played’ at Queen Elizabeth II’s funeral breached the offensive and disturbing content standard. One of the songs was ‘Another One Bites the Dust’ by Queen, which the complainant considered was in bad taste. The Authority found the segment was within audience expectations of the radio station and the programme, and sufficiently signposted to allow listeners an opportunity to exercise choice and control. Therefore it was unlikely to cause widespread disproportionate offence or distress or otherwise undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

Decisions
Lourdes and Mediaworks Radio Ltd - 2024-028 (26 June 2024)
2024-028

The Authority has not upheld a complaint about comments made on The Edge Full Noise Workday in support of free emergency contraceptive pills being handed out at an Olivia Rodrigo concert during her North American tour. In the context, the comments were considered unlikely to cause widespread disproportionate offence or distress or undermine widely shared community standards. With regard to the promotion of illegal or antisocial behaviour standard, the Authority noted that such contraceptive pills are a legal medication in New Zealand and their use is not considered ‘serious antisocial behaviour’ as contemplated by the standard. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour...

Decisions
Marra and MediaWorks Radio Ltd - 2019-023 (18 July 2019)
2019-023

The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply....

Decisions
Brenner and MediaWorks Radio Ltd - 2019-029 (6 November 2019)
2019-029

A complaint that Malcolm Brenner was treated unfairly when interviewed for a segment on Dom, Meg and Randell about his previous sexual relationship with a dolphin has been upheld. MediaWorks interviewed Mr Brenner about his relationship with a dolphin but ultimately decided not to broadcast the interview in full. They did however broadcast a small segment of the interview in which one of the hosts called Mr Brenner ‘sick’ and stormed out of the interview. The Authority found that Mr Brenner was treated unfairly and was not adequately informed about the nature of his participation in the broadcast. In particular, he was misled into thinking a four minute version of the interview would be broadcast (rather than only the brief segment including the host’s reaction to him), when the final broadcast had already occurred....

Decisions
McAulay and Mediaworks Radio Ltd - ID2021-015 (19 April 2021)
ID2021-015

Interlocutory decision on production of full programme of Magic Mornings with John Banks (in for Peter Williams) broadcast on 26 January 2021 on Magic Talk Radio. Order to supply broadcast material (section 12 of the Broadcasting Act 1989 and section 4C Commissions of Inquiry Act 1908)...

Decisions
Te Whata and MediaWorks Radio Ltd - 2020-141 (31 March 2021)
2020-141

The Authority has not upheld a complaint about comments by Sean Plunket on his talkback programme regarding Christians and Christianity. While Mr Plunket made highly critical comments and expressed scepticism, this was not beyond audience expectations for a robust, opinionated programme and was unlikely to cause widespread offence. Equally, the comments were unlikely to encourage the discrimination or denigration of Christians. The Authority found callers in to the programme were treated fairly by Mr Plunket, given they had willingly phoned in to provide views on a discussion in which Mr Plunket was criticising the Christian faith, and were given the opportunity to express their own views. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Fairness, Violence, Accuracy, Balance...

Decisions
Lerner and MediaWorks Radio Ltd - 2021-091 (13 October 2021)
2021-091

A segment on Magic Afternoons with Leah Panapa and Danny Watson on 1 July 2021 touched on the topic of Jewish people in Hollywood and included the comment ‘Hollywood was run by Jewish people. ’ The broadcaster conceded the comments made by the hosts ‘reflected a trope evoking prejudicial ideas’ and upheld a complaint under the discrimination and denigration standard. The Authority found the comments had the potential to affirm, further embed and spread negative stereotypes, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach. Not Upheld: Discrimination and Denigration (Action Taken)...

Decisions
Absalom and MediaWorks Radio Ltd - 2023-030 (26 July 2023)
2023-030

A Today FM news bulletin featured an item reporting on pro-trans demonstrations at an Auckland event where ‘anti-trans rights activist’ Posie Parker had been scheduled to speak. The complainant considered the item’s description of Parker as an ‘anti-trans rights activist’ rather than a ‘women’s rights campaigner’ was in breach of the fairness, balance, accuracy and discrimination and denigration broadcasting standards. The Authority found that, given Parker’s views, the description ‘anti-trans rights activist’ was not unfair given its literal accuracy. The balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ the issue and, in any event, listeners were alerted to alternative viewpoints in the item. The discrimination and denigration and accuracy standards were not breached. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

Decisions
Gill and MediaWorks Radio Ltd - 2023-097 (9 October 2023)
2023-097

The Authority has not upheld a complaint concerning an election programme for the National Party. The complainant considered the programme’s statement “only a party vote for National can change the government’” was misleading as ‘voting for National could change the government but it’s not the only way to change the government. ’ The Authority considered listeners would have understood the statement to be advocacy or opinion rather than fact, encouraging the public to vote for National, and that there are a number of other parties that could be voted for. Not Upheld: E2: Election Programme Advocacy – Distinguishing Factual Information from Opinion or Advocacy...

Decisions
BC and MediaWorks Radio Ltd - 2014-128
2014-128

Summary [This summary does not form part of the decision. ]During the Jay-Jay, Mike & Dom show one of the hosts commented that 'Louise Nicholas is the woman who was raped by a pack of cops in Rotorua'. The Authority declined to uphold a complaint that this statement was inaccurate, because it did not form part of a news, current affairs or factual programme to which the accuracy standard applied. Not Upheld: AccuracyIntroduction[1] During the Jay-Jay, Mike & Dom show one of the hosts commented on TVNZ's apology for the placement of a condom commercial, saying: TVNZ has apologised for an awkwardly placed condom ad. . . that features a woman talking about her sexual enjoyment. It was played during the Louise Nicholas movie Consent on Sunday night. Now, Louise Nicholas is the woman who was raped by a pack of cops in Rotorua. . ....

Decisions
Ahern and MediaWorks Radio Ltd - 2014-063
2014-063

Summary [This summary does not form part of the decision. ]During The Edge Afternoons with Guy, Sharyn and Clint the hosts ran a segment called ‘Shaz Dog’s Love Shack’, where listeners could text and call in to ask for advice on love and relationships. The Authority did not uphold the complaint that ‘a discussion of sexual positions’ breached standards. The segment was consistent with the style of content and humour regularly broadcast on The Edge, and was unlikely to surprise or offend the target audience of 15- to 39-year-olds. Most of the content was in the nature of sexual innuendo and would have gone over the heads of younger listeners....

Decisions
Horowhenua District Council and MediaWorks Radio Ltd - 2018-105 (29 July 2019)
2018-105

A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying....

Decisions
Green and MediaWorks Radio Ltd - 2015-087 (3 March 2016)
2015-087

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem? ’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community....

Decisions
Harrison and MediaWorks Radio Ltd - 2019-024 (18 July 2019)
2019-024

The Authority has not upheld a complaint that a segment of Dom, Meg and Randell breached the good taste and decency and children’s interests standards. The Authority found that, while comments made on the show may have been distasteful to some, the broadcaster’s right to freedom of expression includes the right to broadcast such material provided this does not cause undue harm. The Authority found that, given the well-established nature of the programme, the station and their target audience, listeners and particularly those with children in their care had sufficient information to make an informed decision about what they listened to. The Authority noted that the standards do not prohibit inexplicit sexual references or sexual innuendo during children’s normally accepted listening times, and it was likely that many of the references during this segment would have gone over the heads of child listeners....

Decisions
Hashimoto and MediaWorks Radio Ltd - 2014-040
2014-040

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Summary [This summary does not form part of the decision. ] During Talkback with Sean Plunket, one caller expressed views opposing drilling including the fact drilling resources were sent to China who manufactured it into ‘crap’. Later in the programme, the host sarcastically referred back to the caller’s comments, referring to the ‘Damn Chinese’. The Authority did not uphold the complaint that his comments were offensive and disrespected Chinese people. The host was being sarcastic, and was actually defending China, not being derogatory. In any case the comments did not carry any invective and did not encourage the denigration of, or discrimination against, Chinese people. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Sean Plunket, one topic of discussion was proposed offshore drilling in Taranaki....

Decisions
Alcohol Healthwatch Trust and Mediaworks Radio Ltd - 2020-053 (28 October 2020)
2020-053

The Authority has upheld a complaint that the action taken by MediaWorks in response to a breach of the alcohol standard during The Morning Rumble was insufficient. The Authority agreed that the item, which focussed on an interviewee’s ability to ‘down’ alcohol at a rapid rate, amounted to alcohol promotion that was socially irresponsible. While the broadcaster had apologised to the complainant, and communicated the importance of the alcohol standard internally to content directors of The Rock FM, the Authority found that this was insufficient to remedy the harm caused by the broadcast. Upheld: Alcohol (action taken) Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $1,000 costs to the Crown...

Decisions
O’Hagan and MediaWorks Radio Ltd - 2021-136 (25 January 2022)
2021-136

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...

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