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Summary[This summary does not form part of the decision. ]During The Edge’s afternoon show Jono, Ben & Sharyn, host Jono Pryor referred to a particular television channel as ‘the wanker channel’. A complaint was made that Mr Pryor’s use of the term ‘wanker’ was inappropriate and offensive. The Authority found that, taking into account relevant contextual factors including The Edge’s target audience, audience expectations of Jono, Ben & Sharyn and the nature of the explicit language used, the comment did not reach the threshold required to justify limiting the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Children’s Interests Introduction[1] During The Edge’s afternoon show, Jono, Ben & Sharyn, host Jono Pryor referred to a particular television channel as ‘the wanker channel’. [2] Anna Cherry complained that Mr Pryor’s use of the term ‘wanker’ was ‘inappropriate’....

Summary [This summary does not form part of the decision. ]The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The song included one muted use of the word 'fucking'. The Authority did not uphold the complaint that the item breached standards of good taste and decency as the word 'fucking' was not clearly audible and occurred only once in the song. Not Upheld: Good Taste and DecencyIntroduction[1] The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The opening lyrics of the song included one instance of the word 'fucking', which was partly muted. [2] Christine McCabe complained that the word 'fucking' was 'quite audible'. [3] The issue is whether the broadcast breached the good taste and decency standard of the Radio Code of Broadcasting Practice....

Summary[This summary does not form part of the decision. ]The Rock Morning Rumble included a stunt featuring the Prime Minister, in which he was invited to enter a cage installed in the studio and ‘pick up the soap’. Upon the Prime Minister doing so, the host quoted a recognised rape scene from the film Deliverance, saying, ‘You’ve got a pretty little mouth Prime Minister’. The Authority upheld a complaint that the stunt amounted to a deliberate reference to prison rape that had the effect of trivialising sexual violence and specifically prison rape. While the segment was allegedly intended to be humorous, which is an important aspect of the exercise of free speech, the stunt overstepped the boundaries of legitimate humour and was offensive....

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....

The Authority has declined to determine a complaint that a reference to ‘the future King of England’ during a news segment was inaccurate. The complainant has previously referred a number of complaints about similar issues to the Authority, which were either not upheld, with comprehensive reasons given for the Authority’s decision, or which the Authority declined to determine. The complainant’s appeal of a previous decision to the High Court on a similar issue was also dismissed. The Authority therefore declined to determine the complaint under section 11(a) of the Broadcasting Act 1989, on the grounds that it was trivial and vexatious. Declined to Determine: Accuracy...

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...

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...

The Authority has declined to determine a complaint alleging a broadcast of the song ‘The Next Episode’ by Dr Dre (featuring Snoop Dogg and Nate Dogg) contained swearing – specifically, the ‘f word’. Since the edited version of the song broadcast did not contain the alleged language, the Authority considered, in all the circumstances, the complaint should not be determined. Declined to Determine (s 11(b), Broadcasting Act 1989 – in all the circumstances): Offensive and Disturbing Content...

The Authority has not upheld a complaint that a news bulletin on The Breeze about United States President Donald Trump’s social media post saying he was ‘glad’ Robert Mueller died, breached the accuracy and fairness standards. The complainant alleged the omission of Trump’s full post created a misleading and unfair impression of what he said. The Authority found the newsreader’s summary of Trump’s response was accurate, the post was correctly attributed, and the choice to include or not include the full post was at the editorial discretion of the broadcaster. Other national and international media outlets also reported on the post, which reduced the likelihood of the segment materially misleading the audience. Not Upheld: Accuracy and Fairness...

An announcer on The Edge Breakfast recounted an experience at her antenatal class where she discussed how to address constipation post childbirth. The complaint was this segment breached the good taste and decency and children’s interests standards. The Authority did not uphold the complaint, taking into account the programme’s target audience, audience expectations, and the low-level language complained about (being of an anatomical, rather than a profane or sexual nature). Not Upheld: Good Taste and Decency and Children’s Interests...

Summary[This summary does not form part of the decision. ]During The Edge’s Smash! 20 countdown show, a caller successfully answered a series of questions based on the songs in the countdown and won a prize. While taking the caller’s personal details, the announcer left the phone channel in ‘on-air’ mode and inadvertently broadcast the caller’s full name, address, school, date of birth and mobile number. The Authority upheld a complaint that the broadcast breached the caller’s privacy. The caller was clearly identifiable and disclosed a high level of personal detail on air, over which she had a reasonable expectation of privacy. The Authority acknowledged the caller’s disclosure was the result of an unfortunate technical error on the announcer’s part, and that the broadcaster took immediate actions to respond to the breach. The Authority did not make any order in these circumstances. Upheld: PrivacyNo OrderIntroduction[1] During The Edge’s Smash!...

Two complaints about Sean Plunket’s interview of Te Whānau ā Apanui spokesperson Louis Rapihana were upheld under the discrimination and denigration standard. The interview was about the legal basis for iwi roadblocks in the eastern Bay of Plenty under COVID-19 Alert Level 4 and what the iwi intended to do if anyone refused to comply with the travel permit requirement established under Alert Level 3. The Authority1 found Mr Plunket’s approach during the interview and comments made on-air afterwards had the effect of amplifying negative stereotypes about Māori and the potential to cause widespread harm. Upheld: Discrimination and Denigration Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $3,000 costs to the Crown...

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)...

While filling in on Magic Talk’s Magic Mornings, John Banks discussed former CEO Grainne Moss’s departure from Oranga Tamariki. One talkback caller made comments which were endorsed by Mr Banks. MediaWorks found these were denigrating towards Māori and breached the good taste and decency and discrimination and denigration standards. The Authority upheld a complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. It found the comments were foreseeable in the broadcast environment MediaWorks had created. Upheld: Good Taste and Decency (Action Taken), Discrimination and Denigration (Action Taken) Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $3,000 costs to the Crown...

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

Summary [This summary does not form part of the decision. ]An interview was broadcast on Afternoons with Wendyl Nissen with a journalist, about an article she had written regarding the upcoming perjury trial of the secret witnesses who testified in David Tamihere’s murder trial. During the interview the journalist discussed the discovery of one victim’s body, saying, ‘you think of a body turning up… it’s really… bones. The trampers who found [the] body actually stepped on it before they saw it. ’ Ms Nissen replied: ‘So there was a crunch’, adding, ‘– sorry to be disgusting’. A complaint was made that this comment was ‘disgusting, disrespectful’ and ‘in poor taste’....

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)...

Summary[This summary does not form part of the decision. ]The Breeze ran a competition in which listeners were invited to nominate an individual they felt to be deserving of a shopping spree. The programme hosts spoke to a woman (G) on air about her nomination of her friend (N), whom she described as just having left a ‘potentially abusive relationship’. The Authority upheld a complaint from N’s husband, LN, that the broadcast breached his privacy. The Authority found that LN was identifiable due to a combination of identifying features disclosed within the broadcast and readily accessible information outside of the broadcast. It considered the allegations of a potentially abusive relationship and other intimate details of the relationship were highly sensitive and personal, and clearly carried the quality of private information. The disclosure of such information would be highly offensive to an objective reasonable person....

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...