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Decisions
Mitchell and NZME Radio Ltd - 2016-027 (3 November 2016)
2016-027

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 broadcast breached Mrs Stokes’ privacy. Mrs Stokes had a reasonable expectation that, in the circumstances, her phone call and the conversation would remain private. The recording and broadcast of her conversation, in circumstances where she had expressly asked for privacy was objectionable and would be highly offensive to an objective reasonable person in the complainant’s position....

Decisions
Matthewson and NZME Radio Ltd - 2017-060 (21 September 2017)
2017-060

Summary[This summary does not form part of the decision. ]During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society....

Decisions
Steel and The Radio Network Ltd - 2006-008
2006-008

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – talkback programme – caller criticised the Kiwi rugby league team – host responded “get your head out of your arse”Findings Principle 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] On Saturday 7 January 2006, at approximately 11. 35am, the host of a sports talkback programme responded to a caller’s criticism of the Kiwi rugby league team by commenting “get your head out of your arse”. Complaint [2] Mr Steel complained about the use of the phrase “get your head out of your arse”. Principles [3] TRN assessed the complaint under Principle 1 of the Radio Code of Broadcasting Practice, which provides: Principle 1 In programmes and their presentation, broadcasters are required to maintain standards which are consistent with the observance of good taste and decency....

Decisions
Christie and The Radio Network Ltd - 2011-060
2011-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hauraki Amped – promotion for the chance to win a trip to Bangkok with reference to the film The Hangover Part II – stated “Hauraki’s going to send you and two mates to get your own hangover in Thailand” – allegedly in breach of standards relating to responsible programming and liquor FindingsStandard 9 (liquor) – brief reference to getting a “hangover” clearly related to The Hangover Part II film – did not amount to liquor promotion – not upheld Standard 8 (responsible programming) – comment acceptable in light of target audience – not upheld This headnote does not form part of the decision. Broadcast [1] Hauraki Amped, broadcast on Radio Hauraki at 11am on Sunday 1 May 2011, included an item promoting the chance to win a trip to Bangkok, the setting for the film The Hangover Part II....

Decisions
Singh and NZME Radio Ltd - 2020-089 (16 December 2020)
2020-089

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for his position on the Government’s COVID-19 response saying ‘For God’s sake, listen to you’, and ‘God you’re pathetic’. The Authority found Ms McIvor’s comments and approach were unlikely to undermine widely shared community standards or to have caused widespread undue offence or distress. Not Upheld: Good Taste and Decency...

Decisions
Ryan and NZME Radio Ltd - 2017-005 (24 March 2017)
2017-005

Summary[This summary does not form part of the decision. ]An audio clip promoting the ZM radio station stated that ZM played ‘hit after hit after goddamn hit’. The Authority did not uphold a complaint that the phrase ‘hit after goddamn hit’ was offensive to those who hold Christian or other religious beliefs and contrary to children’s interests. The Authority acknowledged that use of the term ‘goddamn’ may have caused offence to some listeners. However, in this case it was used as part of the station’s promotional messaging for playing continuous music and was not dwelt upon. Taking into account the right to freedom of expression, and the context of the broadcast, the term ‘goddamn’ could not be said to have encouraged the denigration of, or discrimination against, all Christians or others who hold religious beliefs....

Decisions
Mayes and NZME Radio Ltd - 2025-015 (26 May 2025)
2025-015

In a Newstalk ZB interview, Ryan Bridge spoke with New Zealand actress Luciane Buchanan about her lead role in the popular Netflix show The Night Agent. While discussing the casting process during COVID-19 lockdown, Buchanan admitted to breaking lockdown bubble rules to rehearse for her audition. Bridge said he was ‘glad’ she did so, given her success, and remarked rules were ‘made to be broken’. The complainant said the comments breached the offensive and disturbing content, and promotion of illegal or antisocial behaviour standards. While recognising the comments may offend some listeners, the Authority found they did not seriously violate community standards of taste and decency. It also concluded that although the comments could be interpreted as condoning Buchanan’s actions, they were unlikely, in the context, to incite others to break the law or ‘promote illegal or serious antisocial behaviour’ as contemplated by the standard....

Decisions
Talaepa and The Radio Network Ltd - 2007-048
2007-048

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

Decisions
Fonseka and The Radio Network Ltd - 2006-028
2006-028

Complaint under section 8(1)(a) of the Broadcasting Act 1989Complaint received by broadcaster 21 working days after the broadcast – broadcaster declined to consider as a formal complaint – issue as to Authority’s jurisdiction to consider complaintFindingsSection 6(2) of the Broadcasting Act states that complaints must be “lodged in writing with the broadcaster” within 20 working days after the broadcast – broadcaster was not obliged to consider complaint – Authority has no jurisdiction to consider complaintThis headnote does not form part of the decision. Background [1] Nilanka Fonseka wrote a letter of complaint to The Radio Network Ltd (TRN) about comments broadcast on 6 February 2006 on ZM radio (90. 9FM). [2] The complaint was received by TRN on 7 March 2006. TRN declined to accept his complaint as a formal complaint, as it had arrived “outside the 20 days allowed since the broadcast to qualify as a formal complaint”....

Decisions
Pickford and NZME Radio Ltd - 2021-010 (22 June 2021)
2021-010

During Jono and Ben on The Hits radio station, one host commented the weevils in his pantry were ‘procreating faster than a solo mother in Nelson’. The Authority did not uphold a complaint that this breached the discrimination and denigration standard, finding ‘solo mothers’ do not amount to a section of the community to which the standard applies. In any event, the comment did not meet the threshold required to find a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Benge and NZME Radio Ltd - 2022-013 (11 April 2022)
2022-013

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for their position on the Government’s COVID-19 response saying ‘I want to be angry with you, but I just feel sorry for you, that you need a government to look after you. You sad pathetic creature. ’ The Authority found the caller was given a fair and reasonable opportunity to put forward their views, and McIvor’s comments, while seen as disrespectful by some listeners, did not reach the level necessary to constitute unfair treatment. The balance standard did not apply. Not Upheld: Fairness, Balance...

Decisions
McCullough and NZME Radio Ltd - 2020-008 (9 June 2020)
2020-008

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...

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
Williams and New Zealand Media and Entertainment - 2015-019
2015-019

Summary[This summary does not form part of the decision. ]During a discussion on Radio Sport's Crowd Goes Wild Breakfast show about the Black Caps' recent win over Bangladesh, one of the hosts said that anyone who criticised cricketer Martin Guptill could 'take your criticism and ram it up your arse'. The Authority did not uphold the complaint that this comment was irresponsible and inappropriate for broadcast at a time when children were likely to be listening. The language used would not have unduly surprised or offended regular listeners taking into account audience expectations of the hosts' well-known style, and of Radio Sport. The segment was otherwise innocuous and was not targeted at children. Not Upheld: Responsible ProgrammingIntroduction[1] During the Crowd Goes Wild Breakfast show on Radio Sport, the hosts discussed the Black Caps' recent win over Bangladesh....

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...

Decisions
Beban and NZME Radio Ltd - 2019-063 (22 January 2020)
2019-063

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...

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
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
Andrews and NZME Radio Ltd - 2019-060 (16 December 2019)
2019-060

A complaint that a radio host asking a caller ‘how Māori are you? ’ breached the discrimination and denigration standard has not been upheld. A broadcast of Afternoons with Andrew Dickens featured a discussion between Mr Dickens and a caller about Māori sovereignty, the Treaty of Waitangi and racism. During the discussion Mr Dickens asked the caller ‘how Māori are you? ’ The Authority found that while the comment was patronising, misinformed and likely to offend some listeners, it did not contain the level of condemnation required to constitute a breach of the discrimination and denigration standard and therefore any restriction on the broadcaster’s right to freedom of expression would be unjustified. Not Upheld: Discrimination and Denigration...

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...

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